O r o " o 



^a 



^0^, 



<^ '» 



"\>^\'. 






^. 



> 



•^. 



-^^0^ 



^^ 



-f 



-^-0^ 



"oV 



^y^^ 



y 






<r. 












V n\' ':.r, /h. ^^ 9-^ 



O J • • , 












^""V. 



'^^ 



. ^?w- /%. ^-wy /^% 'Mm- 







<> 












< 



^ 



-^ 



,0' 









O 









■^^^ 


















1* 



•-0 b 



y 



■ 0^ 









o A^ . 



■^ 



-^ 



1 T> V ~/r?-^- ' 
















•^ 



t^^'*. 






^\'-' 



V^^ 



I- %.^ ^iS 






^J^ 



THE 



FISH AND GAME LAW 



OF THE 



STATE OF NEW YORK 



PROVIDING FOR THE 



Protection, Preservation and Propagation of 
Birds, Fish and Wild Animals, 



AS 



REVISED AND ENACTED BY THE LEGISLATURE OF 1895. 



•^' 



ALBANY : 

BANKS & BROTHERS, PUBLISHERS. 
1895. 







t-^ 



Copyright, 
Banks & Brothers, 1895. 



State ok New York. 



COMMISSIOlSrEES OF FISHERIES, GAME 
AND FORESTS. 



BARNET H. DAVIS. Palmyra, N. Y., President. 
HENRY H. LYMAN, Oswego, N. Y. 
WILLIAM R. WEED, Potsdam, N. Y. 
CHARLES H. BABCOCK, Rochester, N. Y. 
EDWARD THOMPSON, Northport, L. I., N. Y. 
FRANKLIN B. MITCHELL, Albany, N. Y., Secretary. 



STANDING COMMITTEES. 

Forest Preserve and State Lands.— Messrs. Weed, Lyman, Davis. 

Executive. — Messrs. Lyman, Babcock, Davis. 

Hatcheries, Fish Culture and Game.— Messrs. Babcock, Thompson. 

Davis. 

Shell Fish, Licenses and Permits.— Messrs. Thompson, Lyman, Davis. 

Legislation.— Messrs. Davis, Weed, Babcock. 



THE GAME LAW. 



Chap. 974. 

AX ACT for the protection, preservation and pi'opaj]ra- 

tion of birds, fish and wild animals in the State of New 

York and the different counties thereof. 

Became a law June 7, 1895, with the approval of the Governor. 
Passed by a two thirds vote. 

The People of the State of Neio YorTc, represented in 
Senate and Assemhly, do enact as follows : 

Section 1. Article three of chapter four hundred and 
eighty- ?iglit of the laws of eighteen hundred and ninety- 
two is hereby amended to read as follows: 

ARTICLE III. 
Quadrupeds. 
Section 40. Deer, clos<? season. 

41. Deer or venison, when not to be possessed. 

42. Fawns not to be kilh^d. 

43. Traps. 

44. Hounding. 

45. I'ogs may be killed. 
4<i. Tia n S] I o r t a t i o n . 

47. Crusting and yarding. 

48. Moose, caribou and antelope. 

49. Illack and gray squirrels, hares and rabbits. 

52. P>ears, wolves and panthers, bounty. 

53. Claim for bounty; how proven. 
'54. Cprtificate to be issued. 

o5. County treasurer to pay certificate. 



5 40. Deer, close season. — ^Wild deer shall not be 
caught, shot at, hunted or killed except from the six- 
teenth day of August to the thirty-first day of October, 
both inclusive. No person shall kill or take alive more 
than two deer in any season. And in the counties of 
Ulster, Greene, Sullivan and Delaware no wild deer shall 
be 'caught, shot at, hunted or killed at any time within 
five years from the passage of this act. Deer may be 
taken alive in any part of the State at any season of the 
year under the direction of the fish, game and forest 
commission to be placed in the deer parks belonging to 
the State for the purpose of breeding. The provisions of 
Ihis section as to dose season shall not ai)ply to Long 
Island. This section shall not be so construed as to pre- 
vent any pers<m from reclaiming alive any deer wbicli 
may have escaped from a private park or enclosure. 
Wlioever shall violate or attempt to violate the provi- 
sions of this section shall be deemed guilty of misde- 
meanor and in addition thereto shall be liable to a pen- 
alty of one hundred dollars for each wild deer caught, 
shot at, hunted or killed. 

§ 41. Deer or venison, when not to be possessed. — 
"Wild deei* or venison shall not be possessed or sold ex- 
cept from the sixteenth day of August to the thirty-first 
day of October, both inclusive, and possession thereof 
from the thirty-first day of October to the tenth day of 
November, inclusive, is forbidden, and shall be deemed 
a violation of this section unless it be jjroved by the 
]iossessor or seller that such deer or venison Avas killed 
within the lawful period or out of the State. Whoever 
shall violate or attempt to violate the provisions of this 
section shall be deemed guilty of misdemeanor, and in 
addition thereto shall be liable to a penaUy of one hun- 
dred dollars lor each wild deer or part thereof had in 
possession in violation of this section. 

§ 42. Fawns not to be killed. — No fawns shall be 
caught or killed at any time in this State, nor any part 



thereof be po^sesstd at any time; ixjssessioii of a fawn or 
fawns shall !>«' ])rosniHi)tive evidence of the violation of 
this section. Whoever shall violate or attempt to violate 
the provisions of tliis section shall he deemed jiiaiUy of 
misdemeanor and in addition thereto shall hi' liable to a 
penalty of one hnndred dollars for each fawn canj;lit, 
killed or possessed in violation of this section. 

§ 4.3. Traps. — Traps or any device whatsoever to catch 
or entice deer, inchiding- s-alt-liclcs, shall not be made, set 
or nsed, and deer shall not be cauglit, hunted or killed 
b^^ aid or use thereof. Whoever siiall violate or attemi)t 
to violate the provisions of this section shall be deemed 
guilty of misdemeanor, and in addition therelo shall bt^ 
liable to a penalty of one hnndred dollars for each viola- 
tion thereof. 

§ 44 Hounding. — Deer shall not be hunted witli dogs 
except from the tenth day of Septembin* to the tenth day 
of October, both inclusive. Dogs of the brinnl commonly 
used for hunting deer shall not be permitted by the owner 
or person harboring the same to run at lai'ge <^xce])t 
between such dates in the forest where deer inhabit. 
Deer shall not be himted walh dogs in the counties of St. 
Lawrence, Delaware, Greene^, Ulster or Sullivan at any 
time. The provisions of this section as to the close sea- 
son shall not apply to Long Island. Wlioever sliall vio- 
late or attempt to violate the i)rovisinns of tliis section 
sliall be deemed guilt}- of misdemeanor, and in addition 
thereto shall be liable to a penalty of one hundred dol- 
lars for- each violation thereof. 

§ 45. Dogs may be killed. — Dogs, while chasing drer 
in violation of law, nuiy be killed by any person. 

§ 40. Transportation. — Deer or venison killed in this 
State shall not be transported to any point witliin or 
without the State from or through any of the countless 
thereof or possessed for that purpose, except as folhiws: 
One carcass or a part thereof may be transported from 
the county where killed when accompanied by the owner. 



No individual shall transport or accomx)any more tlian 
two deer in any one year under tlie above provision. The 
possession of deer or venison by a common carrier or by 
any person in its employ then actually engaged in the 
business of such common carrier, unaccompanied by the 
ov^mer, shall constitute a violation of this section by such 
common carrier. This section does not apply to the head 
and feet or skin of deer severed from* the body. Wlio- 
ever shall violate or attempt to violate the provisions of 
this section shall be deemed guilty of misdemeanor, and 
in addition thereto shall be liable to a penalty of one 
hundred dollare for each wild deer or part thereof, had 
in possession in violation of this section. 

§ 47. Crusting and yarding'. — Deer shall not be 
hunted, killed or captured by what is commonly known 
as crusting, nor while they are yarded. Whoever shall 
violate or attempt to violati* the jiiovisions of this seclicm 
shall be deemed guilty of misdemeanor, and in addition 
thereto shall be liable to a penalty of one hundri'd dol- 
lars for each violation thereof. 

§ 48. Moose, caribou and antelope. — Moose, caribou 
or antelope shall not be himted. killed or possessed or 
sold during the closie season for the possession of deer 
or venison, after the same have been killed. Whoever 
shall violate or attempt to violate the provisions of ihis 
section shall be deemed guilty of misdemeanor, and in 
addition thereto shall be liable to a penalty of one hun- 
dred dollars for each violation thereof. 

§ 49. Black and gray squirrels, hares and rabbits. — 
Black and gray squirrels, hares and rabbits shall not be 
hunted, shot at, killed or possessed, except during the 
months of September, October and November, excepting, 
however, that in the counties of Saint Lawrence, Frank- 
lin, Essex, Clinton, Lewis, Warren, Hamilton, Heikimer, 
Saratoga, Washington, Onondaga, Oswego, Dutches^?, 
Steuben, Orange, Eichmond and Delaware rabbits may 
be hunted, shot at, killed and possessed, except from the 



first day of Marcli to the thii'tietli day <;f i^epteinbcr fol- 
loviBj?, both iucliisivc. The use of feiTels hi the liunt- 
iiijj^ of rabbits is hereby prohibited, 'i'he ])rovlsioTH in 
this section shall not apply to Long Island. TMioever 
«hall violate or attempt to violate the jaovisionn of this 
section shall be deemed guilty of misdemi'anor, and in 
addition tln-n^to s-liall be liable to a penalty of Iwenty- 
five dollars for each violation thereof. The county of 
TVayne is hereby exempt from the provisions of this sec- 
tion in so far as it relates to the killing of hares and 
rabbits. 

§ 5i:. Wolves and panthers, bounty. — A bounty of 
thii'ty dollars for eacli grown wolf, fifteen dolhirs fin- 
each jtup-vvolf, and twenty dollars for eavh panlher sh.ill 
be pai'l to any person who shall kill such animals in the 
^tate. 

>; 5-?. Claim for bounty ; ho-w proven. — Th" killing 
of a wolf or panther shall be jn'oved by ii.riidavil i^atis- 
facfoiy to the supervisor and one of the justices of the 
town where the animal was killed, and the delivery to 
them of the skull and skin thereof, which skuJl i;hall be 
"by them burned, and the skin branded, so as to be capable 
of identification. 

^ '>-l. Certificate to be issued. — The supervisor and 
jr.stice so acting shall issue to the person making such 
satisfactory proof a certificate directed to the county 
treasurer of the county, stating the kind of animal 
killed, the date of killing and amount of bounty to whicli 
the person is entitled. 

§ 55. County treasurer to pay certificate.— The 
county treasurei' to whom such certificate is direcVf^d 
shall pay the amount of bounty specified in said cevtifi 
cate to the person holding the same, out of the funds of 
the county, and on the presentatiou of said certificate to 
the comptroller, he shall allow the amount thereof lo the 
county by which it was paid in settlement of taxes dua 
therefrom. 



§ 2. Article four of chapter four hundred and eighty* 
eight of the hiws of eighteen hundred and ninety-two, is 
hereby amended to read as follows: 

AETIfXE IV. 

Birds. 
Section 70. Wild fowi; close season. 

71. Manner of killing. 

72. Quail; close season. 

73. Quail; wh'?n not to be possessed. 

74. Woodcock and grouse; close season. 

75. Woodcock and grouse; when not to be pos- 

sessed. 
7G. Woodcock and grouse; when not to be trans- 
X)orted. 

77. I'lover and other birds; close season. 

78. Certain wild birds protected. 
70. Meadow larks; clos'?" season. 

80. Destroying or robbing nests. 

81. Snaring, netting or trapping certain game 

birds forbidden. 

82. "Mongolian riiig-necked ])heasant. 

S3. Authorify 1o collect birds, et cetera, for scien- 
tific purposes. 

84. Steps to be taken to procure certificate. 

85. Time for ^^llich certificates shall be in force. 
§ 70. Wild fo-wl ; close season. — Web footed wild 

fowl, except geese and !)rant, shall not be pursued, shot 
at, hunted, killed, possessed or sold between the last dar 
of April and the first day of September, and shall not be 
pursued, shot at, hunted or killed, except during the 
hours in each day commencing one hour before sunrise 
and terminating one hour after sunset. On the Hudson 
river below the dam at Troy, boats propelled by hand 
may be used for the purpose of shooting web-footed fowl. 
The provisions of this section shall not apply to Long 
Island and Long Island sound. Whoever shall violate or 



9 

attempt to violate the provisions of this section shall be 
deemed guilty of misdemeanor and in addition thereto 
shall be liable to a penalty of t^wenty five dollars for each 
bird killed, trapped or possessed contrary to the pro- 
visions of this section. 

§ 71. Manner of killing.— Web-footed wild fowl 
shall not.be pursued, shot at, hunted, killed or caught in 
any wny, save with gun raised at arm's length and fired 
from the shoulder without other rest; nor from any boat 
other than a boat" propelled by hand or lloating device; 
nor by the use of any boughhouse at a greater distance 
tlian fifty feet from either the shore or a natural growth 
of grass or flags. .Such fowls caught or killed in any 
manner prohibited by this section shall not be brought 
to the shore, sold or possessed. The provisions of this 
section shall not apply to Long Island and Long Island 
sound. Whoever shall violate or attempt to violate the 
provisions of this section shall be deemed guilty of mis- 
demeanor and in addition thereto shall be liable to a 
penalty of twenty-five dollars for each bird killed, trapped 
or possessed conUury to the ijrovisions of this section. 

§ 72. Quail; close season.— Quail shall not be pur- 
sued, shot at, hunted or killed, except during the mouths 
of November and December. Whoever shall violate or 
attempt to violate the provisions of this section shall be 
deemed guilty of misdemeanor and in addition thereto 
shall be liable to a penalty of twenty-five dollars for each 
bird killed, trapped or possessed contrary to the pro- 
visions of this section. 

§ 73. Quail ; when not to be possessed.— Quail shall 
not be sold or possessed except during the months of 
November, December and January, but possession thereof 
during the month of January is forbidden and shall be 
deemed a violation of this section unless it be proved 
by the possessor that said birds were killed within the 
lawful periods for killing the same, or outside the State, 
and they shall not be killed or possessed in the counties 



10 

of Genesee, Wyoming-, Orleans, Livingston, Monroe, 
Cayiiga, Seneca, Wayne, Tompkitis. Tioga, Onondaga, 
Ontario, Steuben, Cortland and Otsego, prior to tlie first 
day of ISTovember, eighteen liundred and ninety-eight. 
The provisions of this section shall not apply to Bobbin's 
Island and Gardiner's Island. Whoever shall violate or 
attempt to violate the provisions of this section shall be 
deemed gnilty of misdemeanor and in addition thereto 
shall be liable to a penalty of twenty -five dollars for each 
liird killed, trapped or possessed contrary to the pro- 
visions of this section. 

g 74. Woodcock and grouse ; close season. — Wood- 
cock, raffed gronse, commonly known as partridge, or 
any member of the grouse family, shall not be pursued, 
shot at, hunted or killed except from the sixteenth day of 
August to the thirty-first day of December, both inclu- 
sive. The iH'ovisions of this section shall not apply to 
Long Island. Whoever shall violate or attempt to vio- 
late thje provisions of this section shall be deemed guilty 
of misdemeanor, and in addition thereto shall be liable 
to a penalty of twenty-five dollars for each bird killed, 
trapped, or possessed contrary to the provisions of this 
section. 

§ 75. "Woodcock and grouse ; when not to be pos- 
sessed.^ — ^ Woodcock, nilled grouse, commonly known as 
partridge, or any member of the grouse family, shall not 
be sold or possessed except from the sixteenth day of 
August to the thirty-first day of January following, both 
inclusive, and possession or sale thereof during the month 
of January is forbidden and shall be deemed a violation 
of this section, unless it be proved by the possessor or 
seller that said birds were killed within the lawful period 
for killing the same, or out of the State. The provisions 
of this section shall not apply to Long Island. Whoever 
shall violate or attempt to violate the provisions of this 
section shall be deemed guilty of misdemeanor and in 
addition thereto shall be liable to a i>enalty of twenty- 



11 

five dollars for eacli bird killed, trapped or possessed 
contrary to the provisioDs of this sectiou. 

§ 76. Woodcock, quail and grouse ; when not to be 
transported. — AVoodcoek, ruffed j:;r()iis<^, eomnioiily 
known as partridge, or any member of the grouse family, 
or quail killed in this ^^tate, shall not be transported to 
any point within or withont this State, from or through 
any of tlie counties thereof, or possessed for that purpose, 
except that such birds may be transport(^d from the 
county where killed, when accompanied by the owner 
tliereof. I'ossession of the birds named by a common 
carrier, or by any person in its employ then actually 
engaged in the business of such common carrier, unac- 
companied by the owner, shall constitute a vioiiition of 
this section by such common carrier. Whoever shall vio- 
late or attempt to violate the provisions of this section 
shall be deemed guilty of misdemeanor and in addition 
thereto shall be liable to a penalty of twenty-live dollars 
for each bird killed, trapped, snared oi- possessed contrary 
to the provisions of this section. 

§ 77. Plover and other birds ; close season. — Wil- 
sons, commonly knoANii as English snipe, plover, rail, 
mnd-hen, gallinule grebe, bittern, surf-bird; curlew, 
Avater chicken, bay snipe, or shore bird shall not. be shot 
at, hunted, killed or possessed during the months of May, 
June, July and August. The provisions of this section 
shall not apply to Long Island. Whoever shall violate 
or attempt to violate the provisions of this section shall 
be deemed gnilty of misdemeanor aud in addition thereto 
shall be liable to a penalty of twenty-tlve dollars for each 
bird killed, trapped or possessed contrary to the provi- 
sions of this section. 

§ 78. Certain wild birds protected. — Wild birds shall 
not be killed or caught at any time or possessed after 
the same are dead. This proAision does not affect any 
birds the killing of which is prohibited between certain 
dates by the provisions of this act, nor does it protect 



12 

the English spai'i'ow, ctow, hawk, crane, rayen, crow 
bhickbiid, common blackbird and king-fisher; and it does 
not ai>i)ly to any person holding a certificate under the 
pTOA-isions of this act. AAlioever shall violate or attempt 
to violate the provisions of this section shall be deemed 
giiilty of misdemeanor and in addition thereto shall be 
liable to a penalty of twenty-five dollars for each bird 
killed, trapped or possessed contrary to the provisions of 
this section. 

§ 79. Meadow larks ; close season. — Meadow larks 
shall not be shot at, killed or jtosscssed after tkey are 
dead, at any lime. AVhoe\er shall violate or attempt to 
violate the proAisions of this section shall be deemed 
guilty of misdemeanor and in addition thereto shall be 
liable to a penalty of twenty-five dollars for each bird 
killed, trai)ped or possessed contrary t() the provisions of 
this section. The provisions of this section shall not 
apply to Long Island. 

§ 80. Destroying or robbing nests'. — The nests of 
wild birds shall not be robbed or willfully or needlessly 
destroyed unless when necessary to i>rotect buildings or 
prevent their defacement. This section does not apply to 
the English sparrow, hawk, crane, crow, raven, crow black- 
bird and common blackbird or kingfisher. Whoever shall 
violate oi- attempt to violate the provisions of this sec- 
tion shall be deemed guilty of a misdemeanor and in 
additi(m thei-eto shall be liable to a penalty of twenty- 
five dollars foi' each nest robbed or destroyed contrary to 
the provisions of this section. 

§ 81. Snaring, netting or trapping certain game 
birds forbidden, — English pheasants, ruffed grouse, 
commonly known as partridge, or any member of the 
grouse family, or quail, shall not be trapped, netted or 
snared, nor shall any person possess any of said birds so 
taken, nor shall any net, trap or snare of any kind com- 
monly used for taking rufi'ed grouse, or any member of 
the grouse family, or quail, be set. Any such net, trap 



13 

or snare is declared to be a public nuisance and may lie 
abated and summarily destroyed. Whoever shall ^iolate 
or attempt to violate the provisions of this section shall 
be d( emed guilty of misdemcanoi' and in addition tliereto 
shall be liable to a penally of twenty-five dollars for each 
bii'd Idlled, trapped, snared or possessed contrary to the 
provisions of this section. 
^ 82. Mongolian ring-necked pheasant. — Xo person 
shall kill, expose for sale or have in his or her ])ossession 
af fer the same has bemi killed, any wild Mongolian ring- 
necked pheasant (phasius tonpiatus) prior to tli<^ year 
eighteen hundred and ninety-seven. Whoever shall \\o- 
late or attempt to violate the jirovisions of this section 
shall be deemed guilty' of misdemeanor and in addition 
thereto shall be liable to a penalty of twenty-live dollars 
for each bird killed, tt-apped, snared or possessed con- 
trary to the provisions of this section. 

§ s:?. Authority to collect birds, et cetera, for sci- 
entific purposes. — Tertiticates may be granied by any 
incorporated society of natural history in tlie Stare or by 
the regents of the university of the State of IS'ew York, 
through such persons or officers as said society may 
designate, to any properly accredited person of the age 
of eighteen years or upwards, permitting tlie holder 
thereof to collect birds, their nests, or eggs for strictly 
scientific purposes only. In order to obtain siicii certifi- 
cate the applicant for the same must present to tlie per- 
s(in or persons having the i)ower to grant said certifi- 
cates written testimonials from two well-known scientific 
men, certifying to the good character and fitness of said 
applicant to be intrusted with such privilege. 

§ 84. Steps to be taken to procure certificates. — 
Such person except officers of the New York State 
Museum, must pay to said persons or officers one dollar 
to defray necessary expenses attending the granting of 
such certificate, and must file with said persons or officers 
a i^roperly executed bond in the sinn of two hundred dol- 



14 

lars, signed by two responsible citizens of tlie State as 
sureties. This bond shall be forfeited to the State and 
the certificate become void upon proof that the holder 
of such certificate has killed any bird or taken the nest 
of eggs of any bird for other than the purposes above 
mentioned, 

§ 85. Time for whicli certificates shall be in force. — 
Such certificates shall be in force for one year only from 
the date of their issue and shall not be transferable. 

§ 8. Article five of chapter four hundred and eighty- 
eight of the laws of eighteen hundred and ninety-two, is 
hereby amended to read as follows: 

ARTIf'LE V. 

Fish. 
Section 100. Polluting streams. 

101. Taking fish b}' drawing off water forbidden. 

102. Unlawful devices and explosives prohibited. 

103. AYaters not to be stocked from streams. 
101. Fishing through the ice in waters inhabited 

by trout, et cetera, forbidden. 
105. Trout; close season. 
100. Trout not to be taken unless six inches in 

length. 

107. Trout, et cetera, not to be disturbed while 

spawning. 

108. Salmon trout and land-locked salmon; close 

season. 

109. Certain fish not to be transported. 

110. Black bass and Oswego bass, pickerel and 

'wall-eyed pike in Saint Lawrence river; 
close season. 

111. Bass not tjo be taken less than eight inches 

in length. 

112. Muskallonge; close season. 

113. Salmon; close season. 



15 



Section 114. i^Jalmon *i(»t to be takeu less than eighteen 
inch( s in h'n,t;lh. 

117. Hiun-boai'ds near hshwa.ys. 

118. Fi^]iin<i- near fishways |ii'ohibited. 

121. Salt-water striix'd bass. 

122. Striped ba^^s; close season. 

§ 100. Polluting streams. — Xo dyestnff, coal tar, 
refuse from gas housis, sawdust, shavings, taubark, lime 
or other deleteriousi or poisonous substances shall be 
thrown or allowed to run into any of the waters of this 
State, either private or i)id)lic, in (juantities destructive 
to the life of tish inhaltiting the same. Whoever shall 
violate or attempt to violate the provisions of this section 
shall be deemed guilty of misdemeanor, and in addition 
thereto shall be liable to a penalty of one hundred dollars 
for each violation thereof. 

§ 101. Taking fish by drawing off water forbidden. 

— ]S"o fish shall be taken by shutting or drawing off any 
\v;ater foi' that purpose. Whoever shall violate or at- 
tempt to violate tin- proAJsions of tliis section shall 1)»^ 
deemed guilty of mis'lemeanor and in addition thereto 
shall be liable to a penalty of one hundred dollars for 
each violation thereof and ten dollars for each fish so 
taken. 

^ 102. Unlawful devices and explosives prohibited. 

— The use of dynamite or other explosives in any of the 
waters of the State is prohibited except for mining and 
mechanical puiposes. The possession by any persou on 
the shores or islands of the inland waters of this State 
of dynamite or other explosives where the use of the 
same is prohibited by this section, shall be deemed a 
violation thereof. AAhoe\er shall violate or attempt to 
violate the provisions of this section shall be deemed 
guilty of misdemeanor and on conviction thereof shall be 
i]nprisoned for a period of not less than thirty days, and 
in addition thereto shall be liable to a penalty of one 
hundred dollars for each violation thereof. 



16 

§ 103. Waters not to be stocked from streams.— 

No trout of any kind, salmon tront or land-locked salmon 
shall be taken from any of the waters of this t^tate for 
the purpose of stockinji' a private pond or stream. W[io- 
over shall violate or attempt to violate the provisions of 
this section shall be deemed guilty of misdemeanor and 
in addition thereto shall be liable to a penalty of twenty- 
live dollars for each violation thereof and ten dolhir.s for 
each fish so taken. 

§ 101. Fishing through the ice in waters inhab- 
ited by trout, et cetera, forbidden.— Xo fish shall be 
fished for, caught or killed through the ice i'l any waters 
iahabited by trout, salmon trout or land-locked salmon 
during rhe closed season for the taking of such fish. The 
jnovisious of this section do not apply to Laki> Outar-io, 
I^ake Erie, the Hudson and Niagara rivers. Whoever 
shall violate or attempt to violate the provisions of this 
j-'ocnion shall be deemed guilty of misdemeanor, and in 
addition thereto shall be liable to a penalty of twenty- 
i\\o dollais for each violation thereof and ten dollars for 
each fish so caught or possessed. 

§ 105. Trout ; close season. — Trout of any kind shall 
no! be fished for, caught, killed or possessed except from 
tlie sixfeenth day of April to the thirty-first day of 
Aiigusl, both inclusive. This section shall not apply to 
Long Island. \Mioever shall violate or attempt to \io- 
latc the provisions of this section shall be deemed guilty 
of misdemeanor and in addition thereto shall be liable 
to a penalty of twenty-five dollars for each violation and 
ten dollars for each fish so caught or possessed. 

§ lOi;. Trout not to be taken unless six inches in 
length. — Trout of any kind, salmon trout or landlocked 
salmon, less than six inches in length, shall not be inten- 
tionally taken or possessed, and in case any such fish is 
caught or taken, the person taking it shall immediately 
place such fish back in the waters from which it was 
taken, without unnecessary injury. Whoever shall vio- 



17 

late or attempt to violate the provisions of this section 
shall be deemed guilty of misdemeanor and in addition 
thereto shall be- liable to a penalty of ten dollars for each 
fish so taken or possessed. 

§ 107. Trout, et cetera, not to be disturbed while 
spawning. — Tront of any kind, salmon trout or land- 
locked salmon shall not be willfully molested or disturbed 
while upon their spawning beds during the close season, 
nor shall sucli fish or any spawn or milt from any such 
fish be taken or carried away while upon the sx^avvning 
bed«. Whoever shall violate or attempt to violate the 
pro\'isions of this section shall be deemed guilty of mis- 
demeanor and in addition thereto shall be liable to a 
penalty of twenty-five dollars for each fish so taken, pos- 
sessed or carried away. 

§ 108. Salmon trout and land-locked salmon ; close 
season. — Salmon trout, sometimes known as lake trout, 
and land-locked salmon, shall not be caught or killed in 
Uie inland waters of tliis State, except from the first day 
of ilay to the thirtieth of September, both inclusive; pro- 
vided, however, that it shall be lawful to possess and sell 
at any time salmon trout, or land-locked salmon, if said 
fish have not been taken from tln^ inland waters of thisi 
State during tilie close season, but possession of such fish 
during sucl; close season is forbidden and shall be 
deemed a violation of this section, unless it be proved 
by the possessor that such lish were not caught in such 
inland AAaters during tlie close season. The pi'ovisions 
ef this section shall not ai)ply to- Long Island. Whoever 
shall violate the provisions of this section, shall be 
deemed guilty of misdemeaiioi' and in addition thereto 
shall be liable to a pemilty of rwenty-five dollars for each 
violation and ten dollars for each fish so caught, killed 
or possessed. 

§ 109. Certain fish not to be transported. — Trout 
of any kind, salmon trout or land-locked salmon, caught 
in any of the inland waters of this State, shall not be 
3 



18 

transported to any point within or withonl the State 
from or tliron^h any of the coimlies thereof, or possessed 
for that purpose, except when acoompaTiitd by the owner. 
Possessio)! th't'reof by a common carrier or hj any person 
in its employ then actually engaged in the business of 
such common carrier unaccompanied by the owmer shall 
constitute a violation of this section by such common 
carrier. Whoever shall violate or attempt to violate the 
]:«*cvisions of ihis section shall be deemed guilty of mis- 
demeanor jtnd in addition thereto shall be liable to a 
penalty of twenty five dollars for each violation and ten 
dollars for each fish so caught or possessed. 

§ 110. Black "bass, Os-wego bass, pickerel, pike or 
wall-eyed pike in Saint Lawrence river ; close sea- 
son. — Blacli bass or Oswego bass, shall not be fished 
for, caught, killed or possessed except from the thirtieth 
day of May to the thirty-first day of December, both inclu- 
sive, and shall not be fished for, caught or killed in Lake 
George, except from the first day of August to the 
thirty-first day of December, both inclusive. I'ickerel, 
pike, or wall-eyed pike shall not be fished for, caught, 
killed or possessed except from the first day of May to 
the thirty-first day of January, both inclusive, except as 
provided inf section one hundred and forty-one. Pro- 
vided, however, that the commissioners of fisheries, game 
and forest shall have power tlo permit the taking or 
destruction of pickerel at any time in the waters inhab- 
ited by trout. Whoever shall violate or attempt to vio-- 
late the provisions of this section shall be deemed guilty 
of misdemeanor and in addition thereto shall be liable 
to a penalty of twenty-five dollars for each fish so caught, 
killed or possessed. 

§ 111. Bass not to be taken less than eight inches 
in length. — Xo black bass, less than eight inches in 
length, shall be intentionally taken from any of the waters 
of this State, nor possessed, and in case any such fish is 
caught or taken the person taking it shall immediately 



19 

return it to tlie waters from wliic li it was taken withont 
imnecessary injury. Wlioexer sliall A'iolate the provi- 
sions of t'liis section shall he deemed oniltv of misde- 
meanor and in addition thereto shall be liable to a 
penalty of ten dollars for each tisli so taken or possessed. 

§ 112. Musk allonge ; close season. — Muskallonge 
shall not hv tislied for, cauiiht or possessed except from 
tlie thirtieth day of May to the last day of February, both 
Inelnsive. Whosoever shall violate or attempt to violate 
the provisions of this section shall be deemed "iiilty of 
misdemeanoi' and in addition thereto, ^hall be liable to a 
penalty of twenty-tive dollars for eacli violation and ten 
dollars for each iish so caught, killed or possessed. 

§ llo. Salmon; close season. — Salmow shall net be 
fished for, caught or killed between the fifteenth day of 
August and the first day of March following, nor shall 
such fish taken between those dates in ihis State be jtos- 
sessed. AN'hoever shall violate or attempt to \iolate the 
provisions of litis section shall be deemcl guilty of mis- 
demeanor and in addition thereto shall be liable to a 
penalty of twenty-five dollars for ea<-h violation and ten 
dollars for each fish so caught, killed cr possessed. 

§ 1 1 L Salmon not to be taken less than eighteen 
inches in length. — I>o salmon less than eighteen inches 
in lenglh shall be intentionallv taken alive from any of 
the waters of this State, nor possessi'd. and in case any 
stich fish is caught or taken the })erson taking it shall 
immediately place such fisit back in the waters frotii 
which it was taken without unnecessary ittjury. T\Tio- 
ever shall violate or attempt to violate the provisions of 
this sectiGit shall be deemed guilty of misdemeanor and 
in addition thereto shall be liable to a penalty of twenty- 
five dollars for each violation and ten dollars tor each, 
fish so laken, killed or possessed. 

§ IIT. Signboards near fish ways. — The commission- 
ers of fisheries, game and forest are required to maintain, 
fifty rods from any fishway erected by the State, and on 



20 

l)Ot]i sides of the stream, signboards containing- substan- 
tially the following notice: "Fifty rods to the fishway; 
all persious are by law prohibited from, fishing in this 
siieam between this point and the fishway." The provi- 
sions of this section shall apply to public waters only. 

§ 118. Fishing near fishways prohibited. — Fish- 
ing or attempting to take fish by any device whateAer, 
within fifty rods of such fishway, erected by the State, 
and any interference with the signboards therc^ main- 
tained by the commissioners of fisheries, game and forest, 
is forbidden. Whoever shall violate or attempt to violate 
the provisions of this section shall be deeme«l guilty of 
misdemeanor and in addition ithereto shall be li-iblc to a 
penalty of twenty-five dollars for each violation and ten 
dollars for each fish so taken, killed or possessed. 

§ 121. Salt-water striped bass. — ISTo salt-water 
strijDed bass less than eight inches in length shall be 
intentionally taken from any of the waters of this State^ 
nor i>ossessed; and, in case any such fish is taken, the 
person so taking it vshall immediately place such tjsli 
back into the water from which 5t was taken without 
unnecessary injui'y. Whoever shall violate or attempt 
to violate the provisions of this section shall be deemed 
guilty of misdemeanor and in addition thereto siiall be 
liable to a penaJtv of twenty-five dollars for v^ach viola- 
tion and ten dollars for each fish so taken, killed or 
possessed. 

§ 4. Article six of chapter four hundred and eighty- 
eight of the laws of eighteen hundred and ninety-two, in 
hei'eby amended to read as follows: 

ARTICLE VI. 
Miscellaneous Pkovisigns. 
Section 130. Certain fish not to be placed in the waters 
of the Adiroudacks. 
131. Saint Lawrence river, Niagara river and 
Lake Champlain, fishing by certain de- 
vices prohibited. 



21 

Section 132. Lake Ontario, Lake Erie, and ratt;!r;ni,i:iis 

creek, fisliiiiii;- by certain de\ices pio- 

liibited. 
131. Meshes of nets in Lak(S Erie, Ontario and 

Cattaran<;us creelc. 
13(). Takinji;- sliad, herring and otlicr lish in \]\v 

Hndson and Delaware rivers and other 

waters. 

137. v^almon taken in nets from the Hudson 

river to he thrown back. 

138. Richmond county and New York or Raritan 

bay; reguhitions as to nets. 

139. Nets, not to be used in the Harleui river. 

110. Exceptions as to Saint Lawrence and War- 

ren counties. 

111. Certain fish may be caught through the ice 

in lakes named. 

113. Eel-weirs. 

115. Taking minnows for bait. 

IIG. Size of meshes in Coney Island creek regu- 
lated. 

11!). Frosf fish and white fish may be taken with 
nets in certain, lakes. 

150. Fishing with nets and other devices. 

151. Nets to be licensed. 

152. Thumi>ing. 

153. Exceptions as to commissioners of fisheries, 

gamf and forest. 
§ 130. Certain fish not to be placed in the waters 
of the Adirondacks. — No fish, fish fry, spawn or melt, 
except speckled trout, brook trout, brown trout, salmon 
tront, rainbow trout, Adirondack frost fish or laud- 
locked salmon, shall be placed in the waters of the 
Adirondack region except under the immediate super- 
vision and in pursuance of a resolution of the commis- 
sioners of fisheries. "WTioever shall violate or atteni])t 
to violate the provisions of this section shall be deemed 
guilty of misdemeanor and in addition thereto shall be 



22 

liable to a penalty of five lumdred dollars for eaeli viola- 
tion thereof. 

§ 131. Saint Lawrence river, Niagara river and 
Lake Champlain, fishing by certain devices pro- 
hibited. — No fisli shall be fished for, caught or killed in 
any manner, or by any device except angling, in the 
waters of the Saint Lawrence river, Niagara river, nor 
in Lake Champlain in this State, except that it shall be 
lawful to take bullheads, eels, suckers, cat-fish and pike 
or pickerel in Lake Champlain, except during the months 
of March, April and May, and in the waters of Niagara 
river in the county of Erie during the months of N<n'eni- 
ber, December, January and ]March it shall be lawful to 
take all fish except black bass and muskallonge with a 
seine, providing that permission so to do has been first 
obtained from the commissioners of fisheries, game and 
forests, and lish taken contiary to the provisions of this 
section shall not be knowingly possessed. Whoever shall 
violate or at(emi>t to violate the provisions of this act 
shall be df-emed guilty of misdemeanor and in addition 
thereto shall be liable to a penalty of one hundred dollars 
for each Aiolation thereof. 

§ 132. Lake Ontario, Lake Erie and Cattaraugus 
creek, fishing by cartain devices prohibited. — No 
fish shall be fished for, caught or killed in any manner 
or by any device except angling, in the waters of Lake 
Erie, within one-half of a mile of the shores thereof, or of 
any of the islands therein, nor in the Cattaraugus creek, 
or within five milevS of the mouth thereof, or of any 
isla,nd therein; noi' in Lake Ontario, within one mile of 
the shore, or of nv.j island therein, nor ^vi1hin three miles 
of the mouth of the Niagara river, the waters of Lake 
Ontario in the county of Jefferson, included between 
Blue Rock Point, in the town of Prounville, and the town 
line between the tovns of Lyme and Cape \'incent, in- 
cluding Chaumont bay, (hitfin bay and Three ]Mile bay, 
in the county of Oswego, between the northerly line of 
the town of Mexico and Jefferson county line, are hereby 



exempt from Ike piovisions of this act, but sections one 
liuudrcd and ten, one linndrcd and eleven and one Imn- 
died and sixtv-ei^ht of this act shall ai>])ly to said 
waters. Fish taken contrary to the in'<^^'i*^>""« of this 
section shall not he knowini^ly possessed. Whoever shall 
violate or attempt to violate the provisions of t]>is ^ec- 
tion shall be jjinilty of misdemeamor and in addition 
thereto shall be liable to. a ]Knialty of one hundi'ed dol- 
lars for each violation thereof. 

§ 134 Meshes of nets used in Lakes Erie and 
Ontario and Cattaraugus creek. — The meshes of nets 
ns-ed in Lake Erie and Lake Ontario and Cattarauj^ns creek 
shall not be less than one and one-ei<i]ith inch bar. AAlio- 
ever shall violate or attempt to violate the pi'ovisions of 
this section shall be deemed guilty of misdemeanor and 
in addition thereto shall be liable to a penalty of one 
hundred dollars for each violation tht^-eof. 

§ 13(). Taking shad, herring and other fish in 
the Hudson and Delaw^are rivers, and other 
"waters. — Shad, lierrino- and other fish shall not be taken 
from the Hudson or Delaware rivers or Rondout creek 
Avith nets of any kind. Shad and herring shall not be 
taken from Eondout ci'eek or the Hudson or Delaware 
rivers between the fifteenth day of June and the fif 
teenth day of March following: between the fourteenth 
day of March and the fifteenth of June shad and herring- 
may be taken from said waters by nets; but said nets 
shall not be drawn nor fish taken therefrom between sun- 
set on Saturday night and sunrise on Monday morning, 
unless by reason of the inclemency of the weather said 
nets can not be diawn prior to sunset on Saturday night, 
in which caj^e it shall be lawful to take fish therefrom as 
soon as the weather will ])ermit, and between the first 
day of September and the thirtieth day of May following, 
bullheads, catfish, suckers, eels, pickerel, sturgeon, white 
and ye)h>v>' perch, may be caught by means of hoop-nets, 
fykes and gill-nets, in the Hudson river, Wallkill creek 
and in Eondout creek, below the dam at Eddyville and in 



24 

Wappingers creek; nets shall not be set or nsed north of 
the daiu at Troy between June first and September first' 
sturgeon may be also taken in the waters of the Hudson 
river with sturgeon nets of not less than seven inchest. 
Xothius in this section shall be construed as prohibiting^ 
the catching of fish with hook and line in Rondout creek 
at any time. 

§ 137. Salmon taken in nets from the Hudson 
river to be thrown back. — Salmon, black bass, trout, 
salmon trout, and pike perch caught in nets, in ttshing for 
other fish in the Hudson river, shall be thrown back into^ 
the water without unnecessary injury. Whoever shall 
violate or attempt to violate the provisions of this sec- 
tion shall be deemed guilty of misdemeanor and in addi- 
tion thereto shall be liable to a penalty of twenty-iive 
dollars for each violation thereof. 

§ 138. Richmond county and New York or Bari- 
tan bay; regulations as to nets. — No de\ice except 
angling shall be j)laced, drawn or used for the capture of 
any fish, except menhaden, in the waters of Raritan bay, 
nor in any waters adjacent thereto, in Richmltnd county,, 
except that shad may be talcen by shad-nets between ihe 
fifteenth day of March and the fifteenth day of .June, 
both inclusive, but said nets shall not be allowed to re- 
main in said waters from Saturday at sunset to the fol- 
lowing 'Monday at sunrise. Wtioever shall violate or 
attempt to violate the provisions of this section shnll be 
deemed guilty of misdemeanor and in addition thereto 
shall be liable to a penalty of one hundred dollnrs for 
each violation thereof. 

§ 139. Nets not to be used in the Harlem river. — 
Nets, set-nets, pounds or fykes shall not be used in Har- 
lem river or East river or the adjacent waters ')r con- 
fluent brooks within five miles* from Middlegate or be- 
tween said Middlegate and Fort Schuyler. This section 
shall not apply to nets used for catching lobsters or 
crabs in Harlem, North or East rivers. Whoever shall 
violate or attempt to violate tlie provisions of this sec- 



2d 

lion shall be deemed f;inlty of luisdeiiK^aiior and in addi- 
tion thereto shall be liable to a penalty of one hnndred 
dollars for each violation thereof. 

§ 140. Exceptions as to Saint Lawrence and 
Warren counties.— It shall be lawfnl to»fish at any time 
for perch, snckers, bullheads and pickerel with n(4s< and 
fykes, and to spear such fish throuj^^h the ice in any of 
the streams, ponds or lakes in Warren county, oxc(>ptin;;- 
that in Schroou lake, Lon}-- ])ond or Glen lake and Lak<> 
George the use of nets, spears and fykes is forbidden. 
No fish of any kind, except suckers and billfish or i;ar- 
pikes, shall be caught in Black lake, in Saint Lawrence 
county, or in the waters tributary to said hike, or in the 
OsAvegatchie river, from the boundaries of the city of 
Ogdensburgh to the village of Heuvelton, except from ihe 
first day of May to the fifteenth day of November, both 
inclusive. Nothing herein contained shall be construed 
as prohibiting the catching of fish by angling, in the 
waters of Black lake, in Saint Lawrence county, at any 
time, nor the use of spears in catching fish in said Pdack 
lake during the months of September, October and No- 
vember. No transportation company in Saint Lawrence 
or Jefferson counties shall transport any fish caught con- 
trary to the provisions of this section, and wIkmi nsli, 
at any time, are offered such conii»any for transportatio)i, 
they umy at their option refuse to accept the same until 
satisfactory proof is furnished that they were not c-.iugiit 
in violation of law. I?ossession thereof by a common 
carrier, or by any person in its employ then actually en- 
gaged in the business of such common carrier, unaccom- 
jianied by the o^vner, shall constitute a violation of this 
section by such common carrier. Wlioever shall violate 
or attempt to violate the provisions of this section shall 
be guilty of misdemeanor and in addition thereto shall 
be liable to a penalty of one hundred dollars for each vio- 
lation thereof. 

§ 141. Certain fish may be caught through the ice 
in lakes named. — I'ickerel, bullheads, catfish, eels, 
4 



26 

percli and simfish may be fished for tlirougli tlie ice with 
hooks and lines or tip-iips in Lake Keiika or Crooked 
hike or in any of the waters of the State not inhabited 
bv trout, hike front, salmon front, black or Oswego bass 
or land-locked salmon or mnskallonge and by set lines in 
the Susquehanna river, and in the waters of Port bay, 
in the county of Wayne. Suckers, bullheads, eels and 
dog-fish may be caught at any time by means of hooking 
and spearing in Oneida lake and Oneida river or in any of 
the waters of the State not inhabited by trout, lake trout, 
land-locked salmon, muskallonge, black bass or Oswego 
bass. IMovided, however, that pike, pickerel and wall- 
eyed X'il^P may be taken with hook and line or spear, 
and muskallonge with hook and line, in any of the 
inland waters of this State not inhabited by trout, or 
salmon of any kind, during the months of December, 
Jaiiuary 'and iFebiuary. except in waters of Cortland 
county. Suckers, bullheads, and eels may be caught in 
Seneca lake with seines four lods in length and meshes 
to be not less than one and one-fourth inches in si/.e, with 
rope for hauling not tio be more than thiriy feet in 
length at each end of net, x>i"Oviding that permission so to 
do has been first 'obtained from the commissioners of fisli- 
eries, game and forests. 

§ 143. Eel-weirs. — Eel-weirs, of which the laths are 
not less than one-half inch apart, may be maintained at 
any time in any of the inland waters of this State; pro- 
vided, that there be a clear passage at low-water mark 
for boats and fish of not less than ten feet in width. Eel- 
pots, of a form and character such as may b<: prescribed 
by the rules of the commissioners of fisherie.^, may be 
used in any waters not inhabited by trout, lake trout, 
salmon trout, or land-locked salmon. 

§ 145. Taking minnows for bait — The provisions of 
this ii.t prohibiting the use or placing of nets and certain 
devices in waters of the State shall not apply to taking 
minnoAAs for bait, but nets for that purpose must not 



27 

exceed forty feet iu lengtli and four feet in dcplli, witli 
ropes at citlw'r end not exeeediui;' thirty f''t'u This ^-cc-- 
tion shall not authorize the placing or use of nets or any 
other device of a kind used for catchinj;- fish in -itreaias 
inhabited by tiont, nor the talcing- of ti'out by means of 
nets or other devices except angling in any watiMs. The 
provisions of this section shall not ajijily lo salt waters. 
§ 14(). Size of meshes in Coney Island creek 
regulated- — The meshes of nets used in Coney Island 
creek to the month thereof, extcniding out into < i,'a\'esen<l 
bay one-half niile each way, shall not be less lliaii four 
inches' square, exc(]>t that for eel and llounder fishing 
lioop-nets with suitable meshes may be used witliin said 
bay from the fifteenth day of October to the ihirty-Jirst 
day of March following, both inclusive. Whoever shall 
violate or attempt to violate the provisions of this sec- 
tion shall be guilty «>f niisd"meauor and in addition 
thereto shall be liable to a penalty of twenty-five dollars 
for each violation thereof. 

J^ 149. Frostfish and whitefish may be taken with 
nets in certain lakes. — Frostfish and whitefish may be 
taken from the waters of Otsego lake in the county of 
Otsego, from the first day of May to the thirty-first day of 
August, both inclusive, with seineSi having meshes not 
less than one and three-quarter inches bar; provided, 
however, that such fishing with seines shall only be done 
in the daytime, between sunrise and sunset, and pickerel 
may be taken through the ice in said lake, by tii>-ups or 
set-lines. Frostfish, whitefish, catfish, sunfish, pumpkin 
seeds, bullheads, perch and suckers may also be taken 
with nets from inland lakes not inhabited by brook trout 
during such period, and in such manner and under such 
rules and regulations as the commissioners of fisheries, 
game and forf-st may prescribe, which rules and regula- 
tions may be amended or abrogated at any time. Such 
rules may be either general or special at the option of the 
commissioners and may lie published in such manner as 



2S 

they mav deem proper. Whoever shall violate or attempt 
to violate such rules and regulations or the provisions of 
this section shall be deemed guilty of misdemeanor and 
in addition thereto shall he liable to a penalty of one 
hundred doHars for each violation thereof. 

§ 150. Fishing with nets and other devices.— Fish- 
ing Avitli nets, seines, fykes, dip-nets or other devices 
except angling or placing, drawing or using the same in 
any of the rivers, lakes and inland waters of this State 
is prohibited except as pennitted by this act, and except 
where otherwise provided. The meshes of all nets, 
seines, fykes and dip-nets which may be lawfully used 
shall in no case be less than one and one-eighth-inch bar. 
Whoever shall violate or attempt to violate the provisions 
of this section shall be deemed guilty of misdemeanor and 
in addition thereto shall be liable to a penalty of one 
hundred dollai's for the first violation thereof and two 
hundred dollars for each subsequent violation thereof. 

§ 151. Nets to be licensed. — It shall be the duty of 
the board of commissioners of fisheries, game and forest 
to prescribe rules and regulations for the purpose of 
granting all licenses to seines, fykes and nets in water 
vrhen specially permitted by this act, other than dip- 
nets, scap-nets, and nets used for taking minnows for bait 
and to cause a duly authenticated copy of the same to be 
filed in the office of the secretary of state, and it shall 
be the duty of the secretary of state to print such rules 
and regulations in the volume Of session laws for the 
current year. Such rules and regulations shall take 
i^ftect on the first day of September, eighteen hundred and 
ninety-five, and thereafter fishing with seines, fykes, and 
nets other than scap-nets, dip-nets .and net>s used for 
catching uiinnows for bait, without a license having been 
obtained therefor in accordance with such rules and regu- 
lations, is prohibited. Whosoever shall violate or attempt 
(o violate the provisions of this section shall be deemed 
guilty of misdemeanor and in addition thereto shall be 



29 

liable to a penalty of one hundred dollars for each viola- 
tion thereof. The provisions of this section shall not 
a])plv to the salt waters of the State. 

§ 1.52. Thumping'. — Sailing, rowing', pushing or float- 
ing in any boat or vessel or any waterv\ay, run or chan- 
11(1 in which the wateis are too deep to draw a scMue in 
ihc usual way, or patroling the banks of such waterway, 
run or channel and at th" same time stamping, juini)ing, 
shouting, jtounding, beating or si)lasliing the waters, beat- 
lug or pounding the banks, waters or boats while a seine 
is set, drawn, held or floated at either end of such water- 
way, run or channel or the sides thereof with int-nt to 
frighten the fish out of the deep waters into sucii seine, 
and generally known as thumping, is forbidden. Who- 
ever shall violate or attempt to violate the provisions of 
th'iS section shall be diH'Uied guilty of misdenieano!' and 
in addition thereto shall be liable to a penalty of fifty 
dollars for each violation thereof. 

§ 153. Exceptions as to commissioners of fisher- 
ies, game and forest. — The provisions of this act shall 
not be so construed as to prevent the commissloni-rs of 
fii-heries, game and forest, or pen-sons in their (nnploy j.ud 
vnider their direction from taking lish with iJ<'ts ."t such 
times and in such manner as they may direct for the pur- 
jjose of the artificial propagation of tish. 

§ 5. Article seven of chapter four hundred and eigiity- 
eight of the laws of eighteen hundred and ninety-two, Is 
hereby amended to read as follows: 

AUTICLE VII. 

Special Pkovisions as to Kings, Queens and Suffolk 

Counties and Long Island Sound. 
Section 1(30. Article to apply to Kings, Queens and Suf- 
folk counties and Long Island sound only. 
161. Close season for wild fowl. 
102. Exception as to wild fowl. 
163. Plover and other birds; close season. 



so 

Section 104. Woodcock and grouse; close season. 
1G5. Bobbins and (rardiners islands. 
100. Trout; close season. 

107. Salmon trout and land-locked salmon; close 

season. 

108. Black bass; clo^e season. 

109. Hares and rabbits. 

170. Deer. 

171. Black and gray squirrels. 

172. Jamaica bay. 

173. Supervisoi's of Suffolk county; powers con- 

feried. 

174. Destroying or robbing nests. 

175. Meadow hens and other birds; close season. 
§ IGO. Article to apply to Kings, Queens and Suf- 
folk counties and Long Island sound only. — This 
article applies exclusively to the counties of Kings, 
Queens and Suffolk and Long Island sound. 

§ 101. Close season for wild fowl. — Web-footed wild 
fowl shall not be shot at, hunted, killed or possessed 
from the first day of :May to the thirtieth day of Septem- 
ber, both inclusive, nor «hall th" same be pursued, shot 
at, hunted or killed between sunset and daylight. Who- 
ever shall violate or attempt to violate the provisions of 
this section, shall be deemed guilty of a misdemeanor 
and in addition thereto shall be liable to a penalty of 
twenty-five dollars for each bird killed, trapp.'d or pos- 
sessed contrary to the })rovisions of this section. 

§ 1*.2. Exceptions as to wild fowl.— Floating de 
vices may be used for the purpose of shjooting web- 
footed wild fowl therefrom in Long Island sound. Great 
South Bay, west of Smith's Point, Shinnecock and Pe- 
conic bays, and in any part of said counties said birds 
may be pursued and killed from boats propelled by hand, 
and from any sail boats in Long Island sound, Gardiner 
and Peconic bays. Whoever shall violate or attempt to 
violate the provisions of this section shall be deemed 



31 



jTiiilty of misdemeanor, mid in addition thereto shall be 
liable to a penalty of t^yenty-tive dollars for each bird 
killed or possessed coiitrary to the provisions of this sec- 
lion. 

i^ 1(>3. Plover and other birds; close season. — 
Plover, curlew, jack snijK', bitter-n, ^Yilsons, commonly 
known as En<;lish snipe, yellow lej's, Killdeer, Willet 
snipe, dowitcher. short-necks, rail, sand-piper, bay snipe, 
surf snipe, winter sni[)e, rin.u-necks and oxeyes shall not 
be shot at, hunted, kilh^d or possessed, except from the 
first day of July to tlie thirty tirst day of December, borli 
inclusive. Whoever shall violate or attempt to violate 
the provisions of this section shall be deemed i;uilty of 
misdemeanor and in addition (heieto shall be liable to a 
})eTialty of twenty-five dollars for each bird killed, trapjK'd 
or possessed contrary to the provisions of this section. 

§ KM. Woodcock and grouse; close season. — 
Huffed grouse, commonly known as ]>artridge, or any 
member of the grouse family or meadow larks shall not 
be hunted, shot at or killed from the first day of January 
l(» tht thirty-first day of ()ctol)er, both inclusive. Wood- 
cock shall not be hunted, shot at or killed from the first 
day of January to the thirty-fiist day of July, inclusive. 
Xor shall either of such birds be possessed, dead or alive, 
or sold after the thirty-first day of January until the »Mid 
of the close season for such birds respectively. Posses- 
sion thereof during the month of January is forbidden 
and shall be deemed a violation of this section, unless 
it be ju'oved by the possessor or seller that said birds 
''\« re killed within the lawful period for killiug the same 
01- out of this State. Whoiner shall violate or attempt to 
violate the provisions of this section shall be deemed 
guilty of misdemeanor and in addition thereto shall l)e 
liable to a penalty of twenty-five dollars for each bird 
killed, flapped or possessed contrary to the pro\'isions of 
this section. 



32 

§ 165. Robbins and Gardiners island.— Quail may 

be shot on Bobbins island so lono- as it remains the pi-op- 
eity of the Bobbins island club, and on (lardiners island, 
from the fifteenth day of October to the thirty-first day 
of January foUowinji, both inclusive, and woodcock may 
be shot on such islands from the first day of August to 
the thirty-first day of December, both inclusive. Who- 
ever shall violate or attempt to violate the provisions of 
this section shall be deemed jiuilty of misdemeanoi'. 

§ 166. Trout ; close season. — ^Trout shall not be fished 
for, caught, hilled or sold as food except from the twenty- 
ninth day of March to the thirty-first day of August, both 
inclusive. Whoever shall violate or attempt to violate 
the provisions of this section shall be deemed guilty of 
misdemeanor, and in addition thereto shall be liable to a 
penalty of twenty-five dollars for each violation thereof 
and ten dollars for each fish so caught. 

^ 1(>7. Salmon trout and land-locked salmon ; close 
season. — Salmon trout and land-locked salmon shall not 
be fished for, caught, killed or possessed except from the 
first day of April to the thirtieth day of September, both 
inclusive; provided, howevfn-, that it shall be lawful to 
possess and sell at any time salmon trout if said fish 
have not been taken from the inland waters of this State 
during the close season, bnt possession of such fish dur- 
ing such close se^ason is forbidden and shall be deemed a 
violation of this section, unless it be proved by the pos- 
sessor that such fish were not caugM in such inland 
waters during the dose season. Who*' ler shall violate 
or aliempt to violate the provisions of fiis section shall 
be deemed guilty of misdemeanor and ' ^addition thereto 
shall be liable to a penalty of twenty-five dollars for eac!v 
violation thereof and ten dollars for each fish so caught. 

§ 1G8. Black bass ; close season. — Black bass shall 
not be fished for, caught, killed or possessed except from 
tlu' thirtieth day of May to the thirty-first day of Decem- 
ber, both inclusive. Whoever shall violate or attempt to 



33 

violate the provisions of this section shall be deemed 
guilty of misdemeanor and in addition thereto shall be 
liable to a penalty of twenty-five dollars for each viola- 
tion thereof and ten dollars for each fish so cang^ht. 

§ IGl). Hares and rabbits. — Hares and rabbits shall 
not be shot at, hunted, killed or possessed, except from 
the first day of November to the thirty-first day of De- 
cember, botli inclusive. The use of ferrets in the hunting 
of rabbits is hereby prohibited. Whoever shall violate or 
attemi)t to violate the pro\'isi()ns of this section shall be 
deemed guilty of misdemeanor and in addition tliereto 
sliall be liable to a penalty of twenty-five dollars for each 
animal killed, trapped or possessed contrary to the i)ro- 
visions of this stH'tion. 

§ 170. Deer.^ — ^ Shooting at, hunting with dogs or other- 
wise, or killing deer is prohibited for the period of two 
years from the passage of this act, and dm'ing a like 
period of every alternate two years tliereafter. During 
tJie open seasons or inteimediate periods of two years, 
deer shall not be shot at, hunted with dogs or otherwise, 
or killed, except from the tenth to the sixteenth day of 
Xovember, both inclusive. Whoever shall violate or at- 
tempt to violate the provisions of this section shall be 
deemed guilty of misdemeanor and in addition thereto 
shall be liable to a penalty of one hundred dollars for 
each violation thereof. 

§ 171. Black and gray squirrels. — Black and gray 
squirrels shall not be hunted, shot at, killed or possessed 
except from the first day of November to the thirty-first 
day of December, both inclusive. Whoever shall violate 
or attempt to violate the provisions of this section shall 
be guilty of misdemeanor and in addition thereto shall 
be liable to a penalty of twenty-five dollars for each 
animal killed or possessed contrary to the provisions of 
this section. 

§ 172. Jamaica bay. — Fish shall not be fished for, 
caught or killed by any device except angling in the 
5 



34 

waters of Jamaica bay; ami nets shall not be placed in 
said waters for any purpose. The inlet from the ocean 
to Jamaica bay shall not be obstructed by any net or 
device at any time so as to prevent the passage of fish. 
Angling- shall be lawful in said bay every day of the year. 
This section does not prevent the catching of eels by the 
use of spear or eel-weir; or the capture of minnows oi* 
shrimp for bait by means of hand nets, not exceeding 
forty feet in length, and four feet in depth, nor the taking 
of refuse or debris from said water witli nets, the meshes 
of which shall not be less in size than six inch bar. Who- 
ever shall violate or attempt to violate the pro\dsions of 
this section shall be deemed guilty of misdemeanor and 
in addition thereto shall be liable to a penalty of twenty- 
five dollars for each violation thereof and ten dollars for 
each fish so caught. 

§ 173. Supervisors of Suffolk county ; powers con- 
ferred. — The board of sui)ervisors of Suffolk county shall, 
in addition to the powers herein conferred upon boards 
of supervisor's, have power to pass rules, regulations, laws 
and ordinances permitting, regulating, controlling or pro- 
hibiting the taking of fish and shellfish from or in the 
salt water of said county. 

§ 174. Destroying or robbing nests, — The nests of 
wild birds known as meadow hens or mud-hens, the rob- 
bing of which is commonly called egging, shall not be 
robbed or needlessly or willfully destroyed at any time. 
Whoever shall violate or attempt to violate the provisions 
of this section shall be deemed guilty of misdemeanor 
and in addition thereto shall be liable to a penalty of 
twenty-five dollars for each violation thereof. 

§ 175. Meadow hens and other birds ; close sea- 
son. — Meadow hens, mud-hens, gallinule or water 
chicken or grji'be shall not be shot at, hunted, killed or 
possessed from the sixteenth day of August to the thirty- 
first day of December, both inclusive. TNTioever shall 
violate or attempt to violate the provisions of this section 



35 

shall be deemed snUty of misdemeanor and shall in 
addition thereto be liable to a penalty of twenty-live dol- 
lars for each violation thereof. 

§ G. Article (^ijiht of chapter four hundred ;ind eighty- 
eight of the laws of eighteen hundred and ninety-two, i« 
hereby amended to read as follows: 

Airri("LE VIII. 

Shellfish. 
Section ISO. t^tate oystei- pi'otector. 

181. Salary and traveling- expenses. 

182. Assistant to ]>rotector. 

183. Salaries, how ])aid. 

184. rollnting- waters. 

185. (Garbage, et cetera, not to be thrown into 

Long Island sound. 

187. Taking oysters from Hudson river for re- 

planting. 

188. Close season in Harlem liver. 
18!). Ovster beds j)rotected. 

190. Non-residents not to gather shellfish. 

191. Dredging and raking for oysters and clams 

regulated. 

192. Sale of lobsters under certain size j>ro- 

hibited. 

193. Oysters, liow sold, in shell. 

194. Taking clams and oysters about Staten 

Island regulated. 

195. Talving oysters in South bay regulated. 

197. Leases for cultivation of shellfish. 

198. Limitation of preceding section. 

§ 180. State oyster protector. — The commissioners 
are authorized to appoint a State oyster protector, whose 
duty it shall be to patrol, under the direction of the com- 
missioners, the oyster regions of the State for the pur- 
pose of enforcing the provisions of this act and guarding 
the shellfish property thereof, who shall have the same 



36 

powers and duties with reference to shellfish as given bj 
law to game and fish protectors and foresters for the pro- 
tection of fish, game and forests. 

§ 181. Salary and traveling expenses. — The salary 
of such protector shall be one thousand dollars per an- 
num, and he shall be allowed in addition his actual travel- 
ing and incidental expenses not exceeding seven hun- 
dred and fifty dollars per year. 

§ 182. Assistant to protector. — The commissioners, 
in their discretion, shall allow such protector an assistant, 
who shall be paid at the rate of two dollars and fifty 
cents per day for the time of actual service, together with 
his actual traveling and incidental expenses not exceed- 
ing five hundred dollars per year. * 

§ 183. Salaries, how paid. — The protector and his 
assistant shall be paid their salaries and expenses in the 
same nmnner as game, fish and forest protectors are paid. 

§' 184'. Polluting waters, — -Sludge, acid and other 
refuse from any oil works, or sugarhouses. or from build- 
dngs connected with either of the same, or any sub- 
stance injurious to oyster culture shall not be placed or 
allowed to iiin into any waters within the jurisdiction 
of the State. This section shall not apply to refuse aris- 
ing from th(^ umnufacture of oil from menhaden or other 
oil-bearing fish. Whoever shall violate or attempt to 
violate the provisions of this s(M-tion sluill be guilty of 
misdemeanor and in addition thereto shall be liable to a 
penalty of one hundred dollars for each violation thereof. 

§ 185. Garbage, et cetera, not to be thrown 
into Long Island sound. — No garbage, cinders, ashes 
or refuse of any kind shall be thrown from any vessel 
into 4:he wateis of Long Island sound or into the bays 
and harbors opening into the same, west of a line drawn 
from Old Field Point .due north to the boundary line be- 
tw^een New York and Connecticut and within two miles 
of the shore, and no starfish shall be thrown into any 
waters of the State. Whoever shall violate or attempt 



37 

to violate the provisions of this section sliall be jiiiilty of 
niisdenieanor and in addition thereto shall l)e liable to a 
penalty of one hnndred dollars for each violation fhereof. 

§ 187. Taking oysters from Hudson river for re- 
planting-. — Oysters shall not be taken from the Hudson 
river n<H'th of the county of New York at any iinic for 
the purpose of conveying; tlieni to another State to have 
them replanted. Whoever shall violate or attempt to 
violate the provisions of this s(H'tion shall be iiuilty of 
misdemeanor and in addition thereto shall be liable to a 
penalty of twenty-five dollars for each violation ther(M)f. 

§ 188. Close season in Harlem river. — Oysters shall 
not be taken from the Harlem river between the thirty- 
first day of May and the first day of Septcnnbei'. Who- 
ever shall violate or attempt to violate the i)rovisious of 
this section shall be ^^uilty of misdemeanor and in addi- 
tion thereto shall be liabh^ to a ]>enalty of t.wenty-tive 
dollars for each violation thereof. 

.^ 189. Oyster beds protected. — Xo person shall tish 
for, take or catch any oysters or hard clams between half 
an honr after sunset and half an hour before snnrise, ex- 
cej)t in the waters of the Kill von Kull and the Arthur 
kill. Xo person shall in any wise inttM-feie with, take or 
disturb the oysters of anothiM-, lawfully jilanted, in any 
of the waters of the State, or lemove any stakes or 
buoys or any boundary marks of any planted beds. The 
presence of any person on said beds with drc^dycs oi- tonj;s 
overboard shall be considei-ed prima facie evidence of 
guilt. Whoever shall violate or attem|>t to violate the 
provisions of this section shall be guilty of misdemeanor 
and in addition thereto shall be liable to a ]»eualty of one 
hundred dollars for each violation thereof. 

^ 190. Non-residents not to gather shellfish.. — Only 
])ersons who have been actual residents of this State for 
six mouths shall be entitled to. gather shelltish from the 
waters of this State, excejit when such non-resident is 
emploj'ed for tkat purpose by a person authorized lo 



38 

gather the same. Whoever shall violate or attempt to 
violate tlie provisious of this section shall be guilty of a 
misdemeanor and in addition thereto shall be liable to a 
penalty of one hundred dollars for each violation thereof. 

§ 191. Dredging and raking for oysters and 
clams regulated.— Xo dredj;e operated by steam ])owei', 
lOr wei^binji' ovei- fifty pounds, shall be used on beds of 
natural <ii-o\vth in dredginj;' for shellfish. No rake, tonos, 
dredge or other device shall be used for tahing hard or 
round elams with spaces or o])enin«2,s between the teeth 
or ])rongs of less than onp inch, and no hard or round 
clams less than on(^ inch in thickness shall be caught 
or possessed, but. if caught, shall be returned to the 
water from which they are taken without unnecessary 
injury, except as provided in section oiu> hundred ;jnd 
seventy-three. Whocncr shall violate or attempt to vio- 
hite the provisions of this section shall be guilty of mis- 
demeanor and in addition thereto shall be liable to a 
penally of one hundred dollais for each violation thereof. 

;j 102. Sale of lobsters under certain size pro- 
hibited. — Lobsters less than nine inches in length, 
measured from <uie extremity to the other, exclusive of 
claws or feelers, shall not be caught, sold or possessed. 
Whoever shall violate or attempt to violate the proA'i- 
sions (»f this section shall be guilty of misdemeanor and 
ill addition thereto shall be liable to a penalty of twenty- 
five dollais for each violation thereof. 

§ 193. Oysters, how sold, in shell, — Oysters in the 
shell may be sold eithei' l)y count or measure; if not sold 
by counT they shall b(^ sold in a stave measure, which 
shall be uniform in shape and of the following dimen- 
sions: The bottom to be sixtfH'u and one-half inches 
across from inside to inside, and the top to be eighteen 
inches diagonally from inside chime to top; such measure 
shall be even <u' struck measure, to be inspected and 
sealed by the sealer of weights and measures in the 
county where used. This provision shall not aff-i^ct '_he 



39 

sliijiiiieut of oysters in bun-els to foreign coniiiries. 
Oysiei- measures sealed by the county sealer umy be used 
In any county of the State. Wlioever shall violate or at- 
teui])t to violate the provisions of Ihis section shall be 
guilty of uiisdenieauor and in addition thereto shall be 
liable to a penalty of Iwenty-iivc dollars for each viola- 
tion thereof. 

§ 1J>4:. Taking clams and oysters about Staten 
Island regulated. — Oysters or clams, whether of nat- 
ural growth or planted, shall not be dug up, caught 
o! removed between half an houi- aft<M- sunset and half 
an liour before sunrise, from the waters on tlu^ south 
side of Staten Island, lying between a line extending 
<iue south from the point known as the point of the beacii 
ai (heat Kills, and a line extending due southwest from 
Wards Point, in the town of Westtield. Whoever shall 
violate or attempt to violate the ])i-ovisions of this sec- 
tion shall be guilty of misdemeanor and in addition 
thereto shall be liable to a penalty of one hundred dollars 
for each violation thereof. 

c; 195. Taking oysters in South bay regulated. — 
Oysters, spawn, seed oysters or shells shall not be dug 
up, caught or removed from any of the waters of South 
bay, in the county of Sulfolk, betwi-en the thirty-fii'St 
day of 'May and the tirst day of Se])tember, nor between 
sunset and sunrise at any time. Any oyster shells caught 
or taken from the public waters of said bay, in said 
county, shall be returned to the water in the locality 
A\here taken within ten minutes after being so taken. 
Xo ])lade or scraper tongs shall be used or possessed on 
the waters of said bay, in said county, for the ])urpose 
of catching such shelltish, and jtossession of a blade or 
scraper tongs on said waters is a violation of this pro- 
vision. This section is subject to the provisions of sec- 
tion one hundr(Hl and seventy-three. Wlioevei- ^liall vio- 
late or attempt to violate the provisions of this section 
shall be guiltv of a misdemeanor and in addition thereto 



4U 

shall be liaWc to a penalty of one hundred dollai's for 
each violation thereof. 

§ 197. Leases for cultivation of shellfish.— The 
commissioners may make leases of lauds under water for 
the ]yur})0ses of shellfish cultivation. Beds of oysters of 
natriral f»iowlh shall not b(^ leas-^d unless the same Ikia'O 
for five years ceased to produce^ natural oysters in suffi- 
cient quantities to enable i)eisous enj^aged in the plant- 
ing and (ultivation of oysters to earn a livelihood by 
working- on such lands. Such leases shall uol be made 
except after advertisement of the letting in a1 least two 
newspajters published in the county for one month, and 
after notice thereof has been ])osted for a like period in 
a conspicuous place in the oftice of the comniissiom^rs and 
in the oftice of the clerk of the town nearest to the lands 
applied for. The letting shall be at public auction to the 
hijzhest bidder and shall not be made for a less sum than 
twenty-five cents per acre ]>ei' annum, nor for a hmger 
period than fifteen years. The moneys received for such 
leases shall be paid forthwith into the treasury of the 
State. The lessee shall immediately cause the grounds 
so leased to him to be plainly marked out by stakes, 
buoys or monuments, which shall be maintained by the 
lessee, iiis successor or assigns during the continuance 
of tli(' lease. Any controversy res])ectiug the bonndarie'i 
of lands so leased shall be determined by th.' commis- 
sioners on application of any ])arty thereto. The com- 
missioners may lemove sunnnarily from such lands i'.ny 
tenants A\ho neglect to ]iay rent. 

^ li>s Limitation of preceding section.— The pre- 
ce-ding section does not limit the power of the commis- 
sioners of the land ofltice that any grant of land under 
water nuide by such commissioneis wher(- such land is 
actually occupied and in use for the cultivation of shell- 
fish shall be subject to the right of the occupant to 
occujiy and use such grounds for a juuiod not exceeding 
the unexj.ired term of his lease, noi- longer ihan twc 



41 

yenrs; nor does such section ap])ly to or affect lands 
under water owned, controlled or claimed under » Dlonial 
patents or lejiislative <2,rants hv any town or ((erson in 
the counties of Suffolk, (Queens, Kings or Richmond; 
lands nnder the waters of Gardiners and Peco^.iie bays 
ceded by the State to the county of Suffolk pursuant to 
chapter tbre* hundred and eighty-flvc of the laws of 
eighteen Imndred and eighty-five, en* lands under water 
in Jamaica bay. in the counties of Queens and Westches- 
ter, ^'oxhing in this act contained shall be construed as 
invalidating any leases, or franchises of land under wat<n', 
issued or granted by the connnissiouers of fisheries of 
this State subsequent to the first day of Januai'y, eigh- 
teen liundred and ninety-three; and all such leases and 
franchises made snbsequent to the first day of Jaiiuary. 
eighteen hundred and ninety-three, are hereby declared 
to be valid, and the lessees holding under and by virtue 
thereof are hereby confirmed in tlieii' leases and fran- 
chises; nor shall this act apply to any lands under water, 
which at the time of the passage of this act are adver- 
tised to be h-ased at public auction, for the purpose of 
shellfish cultivation, by said commissioners. 

§ 7. Article nine of chapttn' four hundred and eighty- 
eight of the laws of eighteen hundred and ninety-two is 
hereby amended to read as follows: 

ARTI<7.E IX. 

Private Grounds and Paeks. 
Section 210. Trespassing on private grounds forbidden. 

211. Notices to be posted on private grounds. 

212. Laying out grounds in private parks. 

213. Notice to be posted in private parks. 

214. Notice when territory is fenced. 

215. Fish or game so protected not to b;- inter- 

fered with. 

216. Signs not to be defaced. 





42 

§ 210. Trespassing on private grounds forbidden. — 

Xo ])t'rsans shall tresjiass wiyoix inclosed cr cultivated 
lauds for tho piiii)Ose of shooting or hunting any game, 
01* taking any fish from i>rivate ponds or streams, after 
public notice has been given by the owner or person 
entitled to the exclusive right to shoot or fish thereon, as 
provided in this article. Whoever sliall violate the pro- 
visions of this section shall be deemed guilty of misde- 
meanor and shall in addition thereto be subject to ex- 
emplary damages in an amount not more tlian tweuty- 
fi\e dollars in addition to the actual damag-es sustained 
by the owner or lessee. 

.^ 211. Notices to be posted on private grounds. — 
The notice provided for in the last Siection shall be given 
by maintaining signboards at least one foot square upon 
at least every fifty acres of the premises sought to be 
] noted ed upon or near the lot lines thereof, or upon or 
near the sliores of any waters thereon, in at least two 
conspicuous places, or by personal service of a notice 
containing a brief description of the premises and name 
of the owner or of the person having the exclusive right 
to shoot, hunt or fish thereon, and prohibiting the same. 

>? 212. Laying out grounds for private parks. — 
A person owning or having the exclusive right to shoot, 
hunt or fish on lands, or lands and water, desiring to de- 
vote such lands, or lands and water, to the propagation 
or pr-otection of fish, birds or game may publish in a 
paper ]>rinted in the county within which such land or 
lands and water are situate, a notice substantially de- 
scribing the same and containing a clause declaring that 
such land or lands and water will be used as a private 
park for the pui^jose of propagating and protecting fish, 
birds and game. 

§ 21 ;3. Notice to be posted in private park. — There 
shall be posted and maintained upon such private 
territory notices or signboards, not less than one foot 
square, warning all persons against trespassing thereon. 



43 

Such notice or signboards shall be placed not more than 
forty rods apart, alon<>- the entire boundary of such 
private territory, when the same shall consist entirely of 
land, or when it shall consist of both land and water they 
shall be placed so that there shall be at least one notice 
or signboard for every hundred acres thereof. AVli'-n the 
private property consists of a lake, jxuid or stn'aui only 
such notices shall be placed in at least four conspicucnis. 
places on or near the shore of such lake or i)ond, and one 
of such notices shall be placed on every half mile of surli 
stream in a cons})icuous place on the bank thereof 

§ 214. Notice when, territory is fenced. — When 
such territory or any part thereof is fenced, notices or 
signboards shall be placed on or nc-ar such feuces not 
more than forty rods ajtart. 

§ 215. Fish or game so protected not to be inter- 
fered with. — T^pon compliance with the foregoing [iro- 
visions for jue venting tres])a.ssing or for devoting lands 
to i>ro])agation of tisli, birds ;!ml gam(\ no person shall 
disturb or interfere in any way with the tisii oi- v.ild 
birds or wild animals while on the premises so protected, 
except with the consent of tlie owner or person ha\ ing the 
exclusive right toshoot,hunt or' fish thereon. Whoever shall 
violate or attempt to \ iolate the ])rovisions of this secticm 
shall be deemed guilty of misdemeanor, and shall, in 
addition thereto, be subject to exeiuplary damages in an 
amount not less than fifteen dollars, nor more than 
twenty-fiv(^ dollars, in addition to the actual damages 
sustained by the owner or less«M\ 

§216. Signs not to be defaced. — Signs }>laced pur- 
suant to the foregoing provisions shall not be defaced or 
removed under penalty of twenty-five dollars. 

§ 8. Article ten of chapter four hundred and eighty- 
eight of the laws of eighteen hundred and ninety-two is 
hereby amended to read as follows: 



44 



ARTICLE X. 

Prosecutions. 
8ec'iion 280. Actions, how entitled. 

231. Authority to brinj>- actions. 

232. Actions, where bi'onjiht. 

233. Discontinuance. 

234. Two or more penalties in one action. 

235. Witness fees and disbursements in actions 

by people. 
23(). Actions by persons or societies. 
237. Judjiments recovered under this act, how 

collected. 
230. KecoTery, how disposed of in actions by 

individuals. 

240. One-half of recovery to jj^o to ])rotector. 

241. Expenses of actions by i)eople, how ]);iid. 

242. Keport of commissioners to legislature. 

243. Arrest of offenders by i)rotectors and trial 

thereof. 

244. Jurisdiction of coui'ts. 

245. Punishment for misdemeanor. 
24(J. Issue of warrants of arrest. 

247. Search warrant, when issued. 

248. Witnesses. 

§ 230. Actions, hoTV entitled. — All jx'ualties imposed 
by this act may be sued for and recovered in the name of 
" The people of the State of New York." 

§ 231. Authority to bring actions. — Actions for 
penalties, as provided in section two hundred and thirty, 
shall be brought in the name of the peoph^ on order of 
the chief fish and game protector and by direction of 
either of the commissioners, who are hereby authorized, 
in their discretion, to employ special counsel to commence 
and maintain such actions, and the compensation of such 
special counsel may be fixed and allowed by the commis- 
j^ioners, and wherein any action brought under the provi- 



45 

sions of this chaptci-, judgment shall be lendered af?ainst 
the people of the State of New York, the eosts shall he 
paid only out of moneys in the hands of the eomniission- 
ei-s of tisheries, game and forest reeeivod from penalties 
collected under this act, and section thirty hundred and 
forty-one of the code of civil procedure shall not apply to 
any actions brought under the provisions of this chapter. 
§ 232. Actions, where brought — Actions for penalties 
imposed by this act may be l)r()U<;ht in any town in the 
county where the penalty shall be incurred, or in the 
county \\here defendant resides, subject only to the ri<>ht 
to remove the same to any other county adjoinin<> that 
in which the penalty shall be incurred, or in which the 
action shall have been l)rou<;ht as aforesaid. fi)i' cause 
shown, as provided by the code of civil procedure. 

§ 233. Discontinuance. — Actions for penalties in the 
name of the pe()j)le may be discontinued by order of the 
('ourt upon the application of the chief tish and <i;ame 
protector and forester at any time before trial upon such 
tenns as the court may direct. 

§ 234. Two or more penalties in one action. — Two 
or more penalties nuiy be sued for and recovered in the 
same action, whether l)rou<;ht by the peoi)le or in the 
name of an individual or society. 

§ 235. Witness fees and disbursements in actions 
by people. — Witness and other fees and disbursements 
and full costs .ihall be recovered in any judgment in favor 
of the i)eople under this act at the rate fixed by s(M:tion 
thirty-two hundred and fifty-one of the code of civil \yvo- 
cedur(s without reference to the amount of recovery. 

§ 230. Actions by persons or societies. — Any indi- 
vidual upon giving security for costs, unless he shall be 
the owner or lessee of the premis(^s upon which it shall 
be claimed the penalty was incurred, and any society or 
corporation or agent of any society or association for 
the protection of fish or game may recover in his or its 
name all penalties provided for by this act, with costs, 



46 

but on recovery by the plaintiff in such case of a h^ss sum 
than fifty dollars, plaintiff shall only be entitled to costs 
to the amount of such recovery. Such person shall be 
entitled to one-half of the penalty recovered, the other 
half to be paid to the board of commissioners, but any 
such action shall be discontinued without costs or dis- 
bursements to either party, in case an action shall be 
thereafter brouj>ht for the same violation in tlu^ name of 
the people^ and an order to that effect may be entered 
on motion of the chief fish and game protector and for- 
ester 01' one of the commissioners, on uotice to all th& 
parties thereto. Such motion .shall be entithnl and made 
in both actions. Any person or society bringing an action 
under this section shall notify the chief fish and game 
protector and forester thereof, within fifteen days after 
service of the summons therein, and failure so to do shall 
be a defense to th(^ action. 

§ 287. Judgments recovered under this act, how- 
collected. — All judgments recovered under the jirovi 
sions of this ai-t may be enforced by execution against 
the person; any person in prison ui)on such execution 
shall be so imprisoned for a i)eriod of not less than one 
day, and at the rate of one day for every dollar of such 
judgment when the same exceeds one dollar; no one 
shall be moro than once imprisoned, nor for a k)nger 
period than six months upon any judgment; such im- 
prisonm,ent shall not be a satisfaction of such judgment. 

§ 2o8. Recovery, how disposed of in actions by 
the people. — The amount of fines imposed or penalties 
recovered and collected in all actions, settlements, com- 
promises or proceedings tiereafter or heretofore brought 
under the direction of a commissioner or upon the order 
of the chief fish and game lu-otector and foi-ester in the 
name of the people shall be disbursed by said board as 
hereinafter provided. Any officer or person failing 1o 
pay over any such money recovered by him shall be 
guilty of a misdemeanor, and shall be removed from 



47 

office, and a civil action may be brought against any sucli 
officer or person for the recover}^ of any such money 
received h\ liim in the name of tln^ people under the 
direction of either of the commissioners. 

§ 239. Recovery, ho^w disposed of in actions by 
individuals.— One-half of the recovery in all aciions 
heretofore brought ov hereafter to be brought by an indi- 
vidual or society in his or its name shall be paid to the 
beard of commis.'jioners to be by it disposed of in the 
.same manner as other moneys received by it, and it shall 
be the duty of the person in whose hands such moneys 
shall come to pay over the same, and in case of failure 
so to do such moneys may be recovered fr-om the person 
receiving the same in action brought in the name of the 
people under the direction of the chief fish and game 
protector and forester or the commissioners. 

§ 210. One-half of recovery to go to protector. — 
The commissicuiers shall disjiose of the fines and penal- 
lies r(HH'ived by them as follows: They shr.ll deduct all 
the expenses incurred in the inipiisition or collecTion of 
such fines or penalties and shall pay one-lialf of the re- 
mainder to the protector and forester or special pro- 
tector and forester upon whose inforniation the action 
was brought. Kuch payment shall be made on the certifi- 
cate of the chief fish and game protector or foresier that 
such protector and forester is entitled ther(^to, and 1he 
certificate of the chief protector and forester shall be 
final. 

§ 241. Expenses of actions by people, how paid. — 
The remaining money leceived by the board of commis- 
sionei's shall be ai)pli£d to the jfayment of t!ie expenses 
of actions for violation of this act on the certificate of 
the chief protector and forester. 

§ 212. Report of commissioners to legislature. — 
The board of commissioners shall include in their annual 
report to the legislature a detailed report of their re- 
ceipts and disbursements under this article. 



48 

§ 243. Arrest of offenders by fish and game pro- 
tectors and foresters and trial thereof.— Any pro- 
tector or peace otficer may, without warrant, a.rrest any 
person committing a misdemeanor nnder the provisions 
of tliis act, in his presence, and take such person imme- 
diately before a justice of the peace or police justice, or 
other magistrate, having jurisdiction, wha shall, after 
giving defendant reasonable time to prepare for trial, 
proceed without delay to hear, try and determine the 
matter, and give and enforce judgment according to the 
allegations and proofs. 

§ 244. Jurisdiction of courts. — Courts of special ses- 
sions in towns and villages, and the several courts in 
cities having jurisdiction to try misdemeanors, as pro- 
vided by section fifty-six of the code of criminal proced- 
ure, shall have jurisdiction to try offenders in all cases oc- 
curring under this act, in the same manner as in other 
cases where they now have jurisdiction, aud to render 
and enforce judgment to the extent herein provided, and 
said courts shall have jurisdiction of all said offenses com- 
mitted within the county where said courts are held, in 
the same manner as though the defendant hsd been taken 
before a magistrate of the town where the offense was 
conmiitted. 

§ 245. Punishment for misdemeanor. — Any person 
convicted of a misdemeanor under the provisions of this 
act shall be punished except as otherwise ]»r-ovided by 
this act by a fine of not less than ten dollars, nor more 
than a't the rate of one dollar for every dollar of the 
penalty provided by the section so violated under which 
he is convicted, or be imprisoned in the county jail or 
penitentiary for a period of not less than one day, nor 
more than at the rate of one day for every dollar of such 
fine, or by both such fine and imprisonment. 

§ 24(). Issue of warrants of arrest, — Any justice 
of the peace, police justice, county judge, judge of any 
city court, or magistrate having criminal jurisdiction, on 



49 

sufficient proof by affidavit tliat any of the proyisions 
of this chapter have been vioh^ted by auy person tempo- 
rarily within his jurisdiction, but not residinji' tliere per- 
manently, or by any person whose name and residence 
are unknown, sliall issue liis ^^■arrant for tlic arrest of 
such offender and cause him to be committed or lield to 
bail to answer the charye ajiainst him. 

§ 247. Searcli wa.rrant ; wlien issued. — Any justice 
of the iM't'ice, ])olice justice, county jud^c, jud^i' of any 
city court, or magistrate haviu<^ criminal jm'isdiction, 
upon receivinji" proof of juobable cause for l)elievin<j; in 
the concealnu^nt of any ganu' or fish tahen or possessed 
contrary to the pro^isious (»f tliis act. shall issue his 
search warrant and cause a search to be made in any 
X)la.ce, and to that end may cause any buildinj;- or in- 
closure to be entered and may cause any apartment, 
chest, box, locker, crate, basket o'- package to be broken 
■open and the contents examined. 

§ 248. Witnesses. — Xo person shall be excused from 
giving esidence in any civil or criminal action, prose- 
cution, or ])roceeding, under or authorized by ibis act, on 
the ground that the evidence might tend to convict such 
Avitness of a crime, or misdemeanor, or to establish the 
liability of such witness under any of the provisions 
thereof; but such evidence shall not be received against 
such witness in any civil or criminal action, prosecution 
or proceeding. 

§ 249. No person or p(U'sons shall be deemed to have 
Tiolated any law or ordinance by reason of his or their 
selling, ex])Osiug for sale, transporting or possessing, or 
attempting so to do, the body or a part of the body of 
any wild animal or bird in the close season for such 
animal or bird, provided it be proved by him or ihem 
by production of proper invoices and freight or expi'ess 
receipts, that such wild aninuil or bird was shipped from 
a point at least three hundred miles distant from the 
State of New' York. For the purpose of the proper cm- 
7 



50 

forcemeut of this section the package containrng this 
wild animal or bird shall be marked plainly " game,*' and 
the place of shipment and destination shall also be plainly 
marked. All transportation companies which shall trans- 
port the same shall keep books plainly showing the re- 
ceipt and delivery of such packages of game, and dealers 
in the same shall keep books of account showing the 
number of birds or animais received, sold or delivered by 
them, and shall, at all times, permit any authorized agent 
of the commissioners of fisheries, game and forest to (ex- 
amine their books of record for purpose of establishing 
the right of such possession or transportation in close 
season. 

§ 9. Article eleven of chapter four hundred and eighty- 
eight of the laws of eighteen hundred and ninety-two is 
hereby amended to read as follows: 

.\kti(;le XL 

FlSHWATS. 

Section 2(i<). Commissioners to be notified of construc- 
tion of dam. 

201. Authority of commissioners to direct fish- 
ways. 

2(i2. Owner to comply with direction of commis- 
sioners. 

2()3. Commissioners to recover for construction 
and penalty. 

§ 200. Oommissioners to be notified of construc- 
tion of dam. — No dam shall be constructed by the State 
or any person upon any stream more than six miles in 
length inhabited by fish protected by this act, until the 
person about to construct, or the officers having- charge 
of the construction of the same shall give written notice 
to the commissioners of such intention, together with a 
statement of the name, length and location of said stream, 
and the size and general description of such dam, and 



51 

the purposes for wliicli it is to be erected, togetlier with 
a diagram thereof. 

§ 201. Authority of commissioners to direct fish- 
ways. — The comiuissiouers ar<' authorized iu such cases 
to direct tlie construction of suitable lisliwavs by an 
entry on their minutes and service of a cojiy of siich 
order on tlie i)erson constructing or ofhcers liaving charge 
of tlie constniction of such dam, and the person so con- 
structing shall at his own expense, or the oflicers having 
charge of the construction shall out of the funds appro- 
priated for the construction of such dam comply with 
such directions, subject, on a])plication on notice as on a 
motion, to the right of the supreme court to affirm, re- 
verse, modify or alter such directions. 

^ 202. Ov/ner to com.ply with directions of com- 
missioners. — Such tishways shall be propi-rly main- 
tained by the owner oi* persons in possession of such 
dam, and shall be subject to examination and inspecticm 
on behalf of commissioners, who may direct such repairs 
and alterations as they may deem necessary, subject to 
the order of the supreme court, as in case of con- 
struction. 

§ 203. Commissioners to recover for construction 
and penalty. — In case of failure, refusal or neglect on 
the part of any person to comply with the directions of 
the commissioners as to building and repairing fishways, 
the commissioners may cause such tishways to b(^ con- 
structed or repaired, and the expense thereof may be 
recovered by the commissioners in an action against the 
owner or person in possession, or both, in the name? of the 
people, and shall, in addition to the personal liability of 
sncih owner or pemon in possession be a lien upon the 
premises upon which such dam is situated. The person 
refusing or neglecting to comply with such directions of 
the commissioners as to construction or repairs shall also 
be liable to a penalty of ten dollars for each day during 
which they neglect to obey such directions, which penalty 



may be recovered in like manner in the same or a sepa- 
rate action. 

§ 10. Article twelve of chapter fonr hnndred and eighty- 
eight of the laws of eighteen hundred and ninety-two is 
hereby made article fourteen, and is amended to read as 

follows: 

ARTICLE XIV. 

Laws Repealed, Definitions akd Other Provisions. 

Section 300. Amendments to the game law. 

301. Detinitioiis. 

302. Ordinances and regulations of boards of 

supervisors repealed. 

303. Powers of boards of supervisors. 

304. Laws repealed and saving clause. 

305. Construction. 

300. The clerk of the assembly to print and dis- 

« tribute copies of this act. 
307. Construction. 
30S. When to take etTect. 
§ 300. Amendments to the game law. — All amend- 
ments to the game law shall be made a part of this act 
and additions to the game law shall be numbered as sec- 
tions thereof. 

§ 301. Definitions. — Words and jjhrascs uuil* r liiis 
act, and in proceedings pursuant thereto, shall, unless 
inconsistent with the context, mean or include as follows: 

1. " Person " shall include persons, copartnerships, 
joint-stock companies and corporations, and when used 
with reference to commission of acts which are herein 
forbidden, shall include persons particeps criminis in the 
acts, and the oflicers, agents and dir(M-tors or trustees and 
similar controlling body of corporations. 

2. Words importing masculine gender may apply to 
copartnerships, females, joint-stock companies and cor- 
porations. 

3. Words inqtorting the plural number may import the 
singular number. 



53 

4. Words importing tlie singular nnniber may extend 
to and be applied to several ]iersons or things. 

5. ''Angling" is defined to mean taking fish with hook 
and line and by rod held in hands, and docs not in<l;ide 
set lines. In lishing from boats, rods and lines not 
exceeding two in number may be nsed by any one person. 

0. " Exclusive right to shoot, liuut or fisk " is delined to 
mean the riglit of any person owning or having the riiilit 
to the possession of the premises, or of any person h'as- 
ing or reserving the exclusive right to shoot, hunt or iish 
thereon from the owner. 

7. " Commission," " commissioners " or " board of com- 
missioners," as nsed in this chapter, shall be const ru<'d 
to mean the commissioners of fisheries, game and for -st. 

8. "Article," when standing alone in this act, sliall be 
construed to refer to one of the articles hereof. 

9. '• riose season " is that period of time during which 
an act is prohibited. 

10. Inclosed lands is defined to mean lands the out- 
lines or boundaries of which are marked by water, by a 
wire, ditch, hedge or fence, road or highway, or partially 
by one or more of said means, or any visible inclosure 
or distinctive boundary which indicates a separation from 
the surrounding or contiguous territory of whatever 
nature. 

§ 302. Ordinances and regulations of boards of 
supervisors repealed. — All laws or ordinances hereto- 
fore passed by any board of suiteivisors of any county in 
this State, relating to birds, fisli and wild jiuliuals, are 
hereby repealed, except the laws passed by th" super- 
visors of the county of Suffolk in respect to sail water 
fishing, and in respe<'t to shellfish, and boards of super- 
visors shall hereuftcn- have no power or autluu-ity to pass 
any regulaticui or oidinance relating to birds, fish or 
game specified or refei-red to in this act. 

§ 303. Powers of boards of supervisors. — The 
board of supervisors of any county may raise by tax 



54 

any sum not exceeding one tlionsand dollars in any year, 
to aid iu the enforcement of the jtrovisions of this act. 

§ 304. Laws repealed and saving clause. — All laws 
and i>arts of laws inconsistent with this act are hereby 
repealed, bnt such repeal shall not affect or impair any 
act done or right accruing, accrued or acquired, or liahil- 
it}', penalty, forfeiture or punishment incurred prior to 
the time when this act takes effect, und<n' or by virtue 
of any law so repealed, but an action may be commenced 
therefor and the same may be asserted, enforced, prose- 
cuted or inflicted as fully and to the same extent as if 
such law had not been repealed, and all actions and ])ro- 
ceedings, civil or criminal, commenced under or by yirtne 
of the laws so repealed and pending when this act takes 
effect, or commenced after this act takes effect, may be 
prosecuted and defended to final effect in the same man- 
ner as they might under the laws then existing, unless 
it shall be otherwise speciiilly ])n)vided by law. 

§ 305. Construction. — The provisions of this act, so 
far as they are substantially the same as those of laws 
existing when this act took effect, shall be construed as 
a continuatiou of such laws modified or amended accord- 
ing to the language emitloyed in this act and not as new 
enactments, and references in laws not repealed, to pro- 
yisions of laws incoq^orated into this act and repealed, 
shall be construed as applying to the provisions so incor- 
porated, and nothing in this act shall be construed (o 
amend or repeal any provision of the criminal or penal 
code. 

§ 30G. The clerk of the assembly to print and 
distribute copies of this act. — The clerk of the assem- 
bly shall cause to be printed and distributed twenty-fiye 
copies of this act to each of the following persons: Each 
senator and member of assembly, each fish and game pro- 
tector and forester and each of the town clerks of the 
several towns of this State; to the chief fish and game 



55 

protector and forester, two thousand, and to the commis- 
sioners of fisheries, five hundred copies. 

§ 307. Nothing- in this act contained shall be construed' 
to in any way repeal or modify chapter three hundred 
and ninety-five of the laws of eighteeen hundred and 
ninety-five. 

§ 308. When to take effect.— This act shall take 
effect immediatelv. 



APPENDICES 



APPENDIX A. 



SUFFOLK COUNTY. 

AX ACT for tlie protection of soft shell clams in tlie 
waters of the town of Brookhaveu, in. Suffolk connty. 

Tlie anthority to pass this resolution is found in chap- 
ter 488 of the Session Laws of 1802. 

It was passed March 21, 189.:i, by a vote of two-thirds 
of all the members elected. 

The board of supervisors of the county of Suffolk, at 
a meeting' thereof lawfully assembled on the 21st day of 
March, 181)3, at least two-thirds of all tlie members elected 
being present and voting therefo:-, do < nact as follows: 

Section 1. It shall not be lawful for any person to 
catch or take any soft shell clams for the purpose of sale, 
or to sell or expose for sale any soft shell clams so caught 
or taken from the bottom or shore of Tort Jefferson P>ay, 
<H' of anv of the ijiiblic waters of the town of Brook- 
haven during the months of ^lay, Juno, July and August. 

§ 2. It shall not be lawful for any person to carry 
away or to have on board any vessel with intent to caiTy 
away from the waters of I'ort Jefferson bay, or any public 
waters in the town of Brookhaven, in the county of 
Suffolk, any soft shell clams caught or taken in said bay 
or waters during the months of May, June, July and 
August. 

^ 3. Any person who shall violate either of the fore- 
going sections shall forfeit and pay a penalty of |50 for 
each offense. 

§ 4. Any person may in his own name, prosecute any 
offender for the penalty specified in this act before any 
justice of the peace of the town of lirookhaven, and on 
recoverv shall be entitled to retain one-half of such 



60 

penalty; and tlie other half, after deducting the expenses 
of the prosecution, shall be paid to the supervisor for the 
use of the overseer of the poor. 

§ 5. This act shall take effect on the first day of May 
next. 

Filed, July 13, 1803, in the office of the Secretary of 
State. 



AN AOT for th(^ protection of soft shell clams witliin 
the waters nvi thin the boundaries of the town of Smith- 
town, county of Suffolk, State of Xew York. 
The authority to pass this act is found in chapter 188 
of the Session, Laws of 1892. 

Passed April 25, 1893, by a vote of two-thirds of all the 
members present. 

Tlie board of supervisors of the county of Suffolk, at a 
meeting- thereof, lawfully assembled on the 25th day of 
April, 1893, at least two-thirds of all the members elected 
being ptresent and voting therefor, do enact as follows: 

Section 1. It shall not be lawful for any person or per- 
sons to catch or take from the waters, from the bottoms, 
or from the shores within the boundaries of the town 
of Smitlitown, any soft shell clams in quantities exceed- 
ing one bushel in any one day between the first day of 
May and the first day of October in each year. 

§ 2. It shall not be lawful for any person or persons 
to sell or offer for sale during the months of May, June, 
July, August or September, any soft shell clams caught 
or taken within the boundaries of the said town of 
Smithtown. 

§ 3. .Vny person or persons who shall violate either of 
the foregoing sections shall be liable to a penalty of |25.00 
for each offense. The penalty imposed in this act may 
be sued for and recovered, with costs of suit by any per- 
son in his own name, before any justice of the peace in 
the town of Smithtown; one-half of such penalty imposed 



Gl 

and collected under this act shall be paid to the person 
making- the eomplaint, the other one-half to the super- 
visor of the said town to be applied by him to the con- 
tingent fund of the town. 

§ 4. This act shall take effect ininiedialely. 

Filed, July i;'., 181)3, in the o«ice of the Secretary of 
State. 



AN ACT for the protection of seed oystei's on natural 

beds of oysters within the Avatei's within the boundaries 

of the town of Smithtown. 

The authority to pass this act is found in cha])ter 488 
of Session Laws of 1892. 

It was passed April 25, 181)3, by a Aote of two-thirds 
of all the members present. 

The board of supervisors of the county of Sutfolk at a 
meeting thereof lawfully assembled on the 25th day of 
April, 1893, at least two-thirds of all the members elected 
being present and voting therefor do enact as follows: 

Section 1. It shall not be lawful for any person or per- 
sons to catch or take from any natural bed of oysters 
within the waters within the boundaries of the town of 
Smithtown any seed oysters excei)t from planting beds 
within the boundaries of said town. 

§ 2. Any person or j)ersons who shall violate the fore- 
going section sliall be liable to a penalty of |25.00 for 
each offense. The penalty impos(^d in this act may be 
sued for and recovered with costs of suit by any person in 
his own nanu' befoic any justice of the i)eace in the town 
of Smithtown; one-half of such, penalty imposed and col- 
lected under this act shall be paid to the person making 
the complaint, the other one-half to the supeiwisor of said 
town, to be applied by him to the contingent fund of the 
town. 



62 

§ 3. Tills act shall take effect immediately. 

Filed, July 13, 1893, in the office of tlie Secretary of 

t^tate. 



A:N act in relation to taking eels in certain waters of 
the town of Smithtown. 

The authority to pass this resolution is found in chap- 
ter ■iSS, Laws of 1892. 

It was passed April 25, 1893, by a A'ote of two-thirds 
of all the members elected. 

Tlie board of supervisors of the county of Suffolk, at 
a meeting thereof lawfully assembled, at least two-thirds 
of all the members elected being present and voting 
therefor, do enact as follows: 

Section 1. It shall not be lawful for any person or per- 
sons at any time to place eel pots, or to use any seine for 
the purpose of taking eels in the waters known as St. 
James harbor and its tributaries, Xissequogue river, and 
Sunken Meadow creek and situated within the boundaries 
of the town of Smithtown, Suffolk county, X. Y. 

§ 2. Any person or persons who shall violate the fore- 
going shall be liable to a penalty of .|25.(i{) for each of- 
fense. The penally imposed in this act may be sued for 
and recovered with costs of suit by any person in his own 
name before any justice of the peace of the town of Smith- 
town; one-lialf of such penalty imposed and collected 
under this act shall be paid to the person making the 
complaint, the other one-half to the supervisor of the 
Town to be applied bv- him to the contingent fund of said 
town. 

^ 3. This act shall take effect on the first day of May 
next. 

Filed, July 13, 1893, in the oflice of the Secretary of 
State. 



()3 

AN ACT to regulate the taking of jingle and quarterdeck 
shells from the public grounds in the waters of Suffolk 
county, for the purpose of tiansportation and sale, and 
to i)rotect and preserve the lousiness of taking said 
sliells in said waters to the inhabitants of said counly. 
The authority to pass this resolution is found in chap- 
ter 31 of the general laws, and the acts amendatory 
thereof. 

Tilt board of supervisors of Suffolk county, at a meet- 
ing thereof lawfully assembled on the 2J:th day of April, 
ISOo, at least two-tliirds of all the members elected being 
j)resent and voting therefor, do enact as follows: 

kSection 1. It shall not be lawful for any person or per- 
sons to take from the public grounds in the waters of 
Suffolk county, during the months of July, August and 
September, by dredging, raking or in any other manner, 
any jingle or (juarterdeck shells for the purpose of trans- 
portation and sale. 

i^ 2. Any person or persons violating any of the pro- 
visions of the foregoing section shall be liable for each, 
otfense to a penalty of twenty-five dollars, or to imprison- 
ment in the county jail for not less than ten nor more 
than twenty-five days, in the discretion of the court. 

§ ;>. It shall not be lawful for any ]>erson not an in- 
habitant of the county of Suffolk, to take from the public 
grounds in the waters of said county, at any time by 
dredging, raking or in any otl'.er manner, any jingle, 
quarterdeck or other shells, for the purpose of transporta- 
tion and sale. 

§ 1. Any person or persons violating any of the jh'O- 
visions of the foregoing section shall be deemed guilty 
of a misdemeanor, and for each offense shall be liable 
to a i^enalty of tifty dollars, or to imprisonment in the 
county jail for not less than twenty nor more than fifty 
days, in the discretion of the court. 

§ 5. Any overseer of the poor of any town bordering 
upon the waters where any offense under tliis act is 



64 

committed, sLall prosecute for and recover the penal- 
ties spc-cified for any violavious of the provisions of tliis act, 
such penalties to be applied to the support of the p.or of the 
town in which such overseer shall reside. In case such over- 
seer shall refuse or neglect for a period of ten days to prose- 
cute, then any person who is an inhabitant of said county 
may prosecute for and recover any such penalties in his 
own name, and may retain one-half thereof; the other 
half, after deducting the one-half of the expenses of the 
prosecution, shall be paid to the overseer of the poor of 
the town where such person resides, for the support of 
the poor of said town. 

§ G. This act shall take effect immediately. 

FUed, July 13, 1893, in the office of the Secretary of 
State. 



APPENDIX B. 



LICENSE AND RULES AND REGULATIONS. 

E:N'0W all men by these TRESENTS: That tho 
Boiird of Fisheries, Game and Forests of the State of 
New York do liei-eby license , resid- 
ing; at , eoiiuty of , 

Siate of New Yoi'k ; post-office address, , 

New Yorlc, to use in the waters 

of , in the town of , 

county of , State of New Yorlc, from the 

day of , 189. ., to the day 

of , 189. ., for the purpose of catchinj; the 

following kinds of fish, 



I5ut in no case shall this license be construed as atithor- 
izing the use of seines, fykes and nets for the purpose of 
catching trout, black or Oswego bass, pickerel, pike or 
wall-eyed pike, muskallonge or perch, and no fishing shall 
be done in violation of the rules and regulations of this 
board, which are hereto annexed and made a part 
hereof. 

In Witness WTiereof, the secretary of this Board has 
hereunto set his name and affixed the seal of such Board 

at the city of Albany, on the day of , 

189.. 



Secretary of Board of FisTieries, Game and Forests of the 
State of New Yorli. 
9 



66 

The Boabd of Fisheries, Game and Forests of the 
State of New York. 

Application paper for license to use seines, fyhes and nets. 

(Pursuant to section 151 of the Fisheries, Game and 
Forest Law, as amended by Laws of 1895, chapter 974.) 

I, , residing in , 

county of , State of New York; post- 
office address , New York, do 

hereby make application for a liceuse to use: 

(1) Kind of net 

(2) In tlie waters of 

(3) In the towns of 



(4) 


In the couuty of 
For the purpose 














(5) 
fish. 


of c; 


itching 


the following 


kinds 


of 


















fish, 


i^uch waters are 


inhabited by 


the 


following 


kinds 


of 



Applicant. 

Dated, , 1S9. . 

We hereby recommend the granting of the foregoing 
application. 



P. O. address 



P. O. address 

Received, , 189 . . No , 



RULES AND REGULATIONS. 
Relating to the use of nets, adopted by the Board of 
Fisheries, Game and Forests, at the city of Albany, on 
the 10th day of July, 1895, pursuant to section 151 of the 
Fisheries, Game and Forest Law, as amended by chapter 
974 of the Laws of 1895. 



C7 

All licenses for nets shall be <;rante(l jHirsiinnt and 
subject to the following- rules, ie}:,ulations and icstrietions, 
which shall be plainly printed on the back of cacli license 
issued, and made a part thereof: 

1. Only one kind of net shall be used under each license 
granted. 

2. The license shall s])ecify Ihc kind of net to be used 
and the duration of the license. Licenses will be tii'«»nted 
for no longer than one year; all licenses granted duiing 
the year will expire on the lUst day of December follow- 
ing; and the Chief Fish, Game and Forest Protector may, 
at any time, in his discretion, revoke any license after 
notice to the licensee of the charges made against him. 

3. A license issued, pursuant to these inh^s, is not 
transferable, and if a licensed net be used by any other 
person than the licensee, it shall be deemed forfeited. 

4. A metal tag shall be issued with each license, upon 
which shall be stamped a nundier corres|)onding with the 
number of the license; such tag must be attached to the 
net, when in use. The licensee must exhibit his license 
when required to any Game Protector or peace officer of 
this Stat(\ or to any person designated by the Board of 
Fisheries, Game and Forests. 

5. Licenses granted nuiy be for one seine, not exceeding 
100 feet in length; two fyke nets, not more than three 
feet in diameter, with leaders not more than 50 feet in 
length, except in Lake Ontario and Lake Erie. 

G. Nets shall be set, drawn or used only between sun- 
rise and sunset, and no net shall remain in the water after 
sunset unless raising them is prevented by the weather. 
(This nile shall not apply to Lake Ontario and Lake 
Erie.) Fish of all kinds, except those permitted to be 
taken in nets by section 141), chapter 071, Laws of 1805, 
shall, with careful handling, be returned to the water im- 
mediately. 

7. The mesh of all nets used under any license shall 
not be less than one and one-quarter inch bar (1 1-4 
inch square). 



68 

8. A licensed net shall onlj' be used in the waters for 
which the license is given, and may be determined by the 
Commissioners and specified in the license. 

9. A violation of any of these rules and regulations, 
or any hereafter adopted, or of the Game Laws of this 
State, shall be sufficient cause for the forfeiture of said 
license. 

10. Any person holding a license, who shall forfeit 
tlie same by reason of being hereafter convicted of illegal 
fishing or shall violate any of these rules, slir.ll not there- 
after be granted another license, and no person shall be 
granted a license who, within the year preceding the 
application, has been convicted of illeg-al fishing. 

11. All applications for licenses must be indorsed by 
two responsible persons. 

12. All persons holding a license shall make monthly 
reports to the Chief Protector of all nets drawn, with a 
statement of number and kind of fish caught and the 
value of the same. 

13. Each applicant shall, at the time of filing his appli- 
cation, pay to the secretary of this Board a fee of |1 for 
such license. 

14. Xo pickerel, pike, black or Oswego bass, trout of 
any kiud, salmon, perch, wall-eyed pike or muskallonge 
shall be taken with nets under these rules and regula- 
tions; the license to be issued hereunder shall specify 
what fish may be caught. 

15. The use of gill-nets will not be permitted in any of 
the fresh waters of this State, except in Lake Ontario 
and Lake Erie, more than one mile from shore, or from 
the islands therein, except as specially authorized by law. 
(xill-nets of not less than two-inch bar may be used in 
Lake Ontario and Lake Erie more than one mile from 
shore, after being duly licensed. 

Ki. Eel-pots must not exceed in length 5(i inches and 
in diameter not more than 12 inches, if round or other- 
wise, and not more than 12 inches square, if square in- 



69 

form; that the aperture or iiioiitli of all ('el-|)ots' shall not 
be more than one and one-half inches in dianietci', if 
round in form or oilierwii-e, and not more than one and 
one-half inches s(inare, if s({uare in form; and that there 
shall be no fixtures or win,us of any kind attached to or 
used in connection with eel-pots, intended to stop tish 
or to guide or force them into the mouth of the pot. 

17. A bond to the people of the State of New Yorh, in 
the penal sum of .*."'>()0, with two sureties, to be a]»})i-oved 
by the Board of Fisheries, (lame and Forests, conditioned 
that the applicant or applicants will not violate or at- 
tempt to violate any of the provisions of the laws of the 
State of Xew York relating to the protection of gamc^ 
and fish, and that he or they will faithfully observe all 
the rules and regulations of the Board of Fisheries, Game 
and Forests, i-o far as the same are a})i)licable to, or made 
a part of, the conditions of the license, will be re(};iired 
before any license will be issued. 

IS. The Board of Fisheries, Game and Forests reserve 
the right to alter, amend, repeal or nmdify a)iy or all of 
the foregoing I'ules and regulations, and may adopt new 
ones at any time as they deem expedient. They may 
revoke any license granted hereunder at any time, and 
for anyrejison \\hich, to them, may seem su^Hciint. ]!Toth- 
ing contained in any of these rules and regulations shall 
be construed as compelling the issuing of a license to any 
person, nor to pre^■ent the re\ oking of such license at any 
time. 



APPENDIX C 



CHAPTER 395. 

AJN ACT to amend the game law aud to repeal chapter 
three hundred and thirty-two of the laws of eighteen 
hundred and ninety-three, entitled " An act in relation 
to the forest preserve and Adirondack park, constitut- 
ing articles six and seven of chapter forty-three of the 
general laws." 

Beca>ie a law April £5, 1895, with the approval of the Governor. 
Passed, three-fifths being present. 

The People of ike State of New YorA', represented in 
Senate and Assembly^ do enact as follows: 

Section 1. The title to chapter four hundred and eighty- 
eight of the laws of eighteen hundred and ninety-two is 
hereby amended to read as follows: 

"An act relating to game, fish and wild animals and 
to the forest preserve and Adirondack park, constituting 
chapter thirty-one of the general laws and to be known 
as the fisheries, game and forest law." 

§ 2. Articles one and two of chapter four hundred and 
eighty-eight of the laws of eighteen hundred and ninety- 
two, known as the game law, are hereby amended to read 
as follbws: 

Article 1. Fisheries, game and forest commission. 

2. Game protectors' powers aud duties. 

3. Quadrupeds. 

4. Birds. 

5. Fish. 

G. Miscellaneous and local provisions. 

7. Special provisions as to Queens and Suffolk. 



71 

Article 8. i^hcll fish. 

9. I'rivatc jironnds and parks. 

10. Prosecutions. 

11. Fish ways. 

12. Forest preserve. 

13. Adirondack park. 

11. Laws icpealed, definitions and other provi- 
sions. 

ARTICLE I. 

Fisheries, Game and Forest Commission, 
Section 1. Short title of chapter. 

2. Fisheries, fianie and forest commissioners, how 

appointed. 

3. Terms of office of the commissioners. 

4. Coumiissicners, comi>ensation and expenses. 

5. Fish culturist. 

(>. Ottice and clerical force. 

7. Duties of commissioners. 

8. Board to report annually to the legislature. 

Section 1. Short title of chapter. — This chapter shall 
be known as the fisheries, game and forest law. 

§ 2. Fisheries, game and forest commissioners ; 
how appointed. — The governor shall appoint, by and 
with advice and consent of the senate, five commissi on (n-s 
who shall constitute the board of fisheries, game and 
forest. 

§ 3. Terms of office of commissioners. — The terms 
of oftice shall be five years. The governor shall nominate 
and appoint, by and with the advice and consent of the 
senate, one of the commissioners to be the yjresident of 
the commission. The conmiissioners shall designate one 
of their number as shell-fish ccmimissioner, who shall 
have entire charge of the shell-fish work of the commis- 
sion and shall certify to the commission as to whether 
the grounds applied for are beds of oysters of natural 
£:rowth. 



72 

§ 4. Compensation and expenses of commission- 
ers. — Tiie president of tlie commission shall devote his 
entire time to the duties of his office, and shall receive an 
annual conpensation of five thousand dollars, payable in 
monthly installments, together with his actual and neces- 
sary' traveling expenses. The remaining four commis- 
sioners shall each receive one thousand dollars annually 
and necessary traveling expenses, not exceeding five 
hundred dollars payable in monthly installments. 

§ 5. Fish culturist. — The board of commissioners ?hall 
appoint a fish culturist not one of their own number, who 
shall be known as the State fish culturist and who slnill 
ha\e charge under the direction of the commission, of the 
culture of all fish in the State, and ^^ho shall receive an 
annual salary of three thousand dollars and necessary 
traveling expenses. Said board may also appoint an as- 
sistant to said flsh culturist at an annual salary not ex- 
ceeding one iliousand five hundred dollars and necessary 
traveling expenses. 

^ G. Office and clerical force. — The board shall have 
an office in the capitol at Albany, and shall hold meetings 
at such office on the second Tuesday in January, April, 
July and October, and at such other times and jilaces as 
the commissioners shall appoint for the transaction of 
business. It may, with the consent of the governor, have 
a branch office in the city of Xew York. It shall be al- 
lowed a secretary at a salary of two thousand dollars per 
annum, an assistant secretary at one thousand five hun- 
dred dollars per annum, and such other clerical assist- 
ance as shall be actually needed, together with the neces- 
sary contingent office expenses. The secretary may also 
be designated by the commissioners as engineer of the 
commission without further compensaticm, or the commis- 
sioners mnj appoint an engineer and fix his compen- 
sation. 

§ 7. Duties of board of commissioners. — The duties 
of the board of commissioners shall be to propagate and 



io 

distribute food and game tislies, and shell fish, and to 
ke(>p lip the snpj)ly thereof in the various waters of the 
State, and for this purpose i( shall have the eondue! and 
contiol of such hatehin;;' stations as are now owned or 
operated hy the Stat(% and such as may be hereafter 
established. The board of eomniissieners shall also be 
cliarged with the enforcement of all laws passed for th'^ 
protection of fisli and game, and for the protection and 
preservation of the forest preserve, and shall have the 
care, custody and control of the Adirondack jiark and 
forest preserve, and shall have all the powers and duties 
imposed upon them by articles twelve and thirteen of this 
chapter. Tlie board of commissioners shall also have the 
care of all lands u.nd( r water which have been desig- 
nated, surveyed and mapped out, pursuant to law, for 
oyster beds, and power to grant fraucliises of such, lands 
accoi'dlng to the provisions of law now enforced, or which 
may b(^ hereafter enacted. It shall also possess all the 
jiQwers and peiform all the duties given and imposed by 
this ohaj^ter and by other provisions of hiw. 

§ b. Board to report annually to legislature. — 
Sucli board shall annually make a full report to the legis- 
lature of all their official operations for the year endiug 
on the thii-tieth of September previous, with such sugges- 
tions and recommendations as they shall deem useful. 
Tlie present commissioners shall continue to hold their 
offices until new a];pomtnients are made under the pro- 
visions of this act. 

ARTICLE II. 

Fi3H AKD Game Pkotecioks aud Fgkestees' Powees 

AND Duties. 
Section 20. Fish and game protectors and foresters, how 
appointed. 

21. Term of office of fish and game protectors 

and foresters. 

22. Chief fish and game protector and forester. 

10 



74 

Section 23. Protectors and foresters to give bonds. 

24. Compensation of protectors and foresters. 

25. Offlee of chief protector and forester to be at 

the capitol. 

26. Duties of protectors and foresters, 

27. Kecords and reports. 

28. l^aviiient of salary and expenses. 

21). Eeports by chief protector and forester to 

the board of fisheries, game and forest. 
30: Special protectors. 

31. I'owers of sheriffs, constables and deputy 

sheriffs. 

32. Xets to be destroyed by protectors and for- 

esters. 

33. Expense of seizure of nets. 

§ 20. Fish and game protectors and foresters, 
how appointed. — The fisheries, game and forest com- 
mission shall appoint thirty-five fish and game protectors 
and foresters, Avhose powers and duties are hereinafter 
defined, and who shall be known as fisheries and game 
protectors, and foresters. 

§ 21. Terms of ofB.ce of fish and game protect- 
ors and foresters. — Fisb and game protectors and for- 
esters so appointed, shall hold office during the pleasure 
of the board of commissioners, which may summarily re- 
move any of their number and ai»point another in his 
place. 

§ 22. Chief fish and game protector, and forester. 
— The commission shall, from time to time, desig- 
nate one of such protectors as chief fish and game pro- 
tector and forester, and two others as his assistants 
under whatever title he may give them, and the three 
protectors and foresters so designated shall hold office 
during the pleasure of the commission, and the commis- 
sioners shall further designate another protector to act 
as State oyster protector, and the protector and forester 
so designated shall hold office during the pleasure of the 



75 

board. The chief fish and game ])rotectoi' and forester 
shall have the direction, supervision and control of the 
entire force. 

§ 23. Protectors and foresters to give bonds. — 
The chief protector and forester shall give a bond to the 
board of coniniissioiiers, with sureties in the sum of one 
thousand dollars, and each of the other protectors a Ijond 
with sureties in the sum of five hundred dollars, condi- 
tioned for the faithful discharge of his duties, such bond 
to be ajiproAcd by the board of commissioners. ^Vnj 
action thereof shall be brought in the name of the people. 

§ 24. Compensation of protectors and foresters. 
— The compensation of the chief protector and forester 
shall be two thousand dollars per annum, payable 
monthly, and he shall be allowed his actual and neces- 
sary traveling expenses in the pcrfornumce of his duties, 
not exceeding one thousand dollars per year. Tlie two 
assistant protectors and foresters shall each receive 
twelve hundred dollars per year, together with their 
traveling and incidental expenses, not to exceed four 
hundred and fifty dollars per year; the protector desig- 
nated as State oyster protector shall receive twelve hun- 
dred dollars per year and his actual incidental and travel- 
ing expenses, not exceeding four hundred and fifty dol- 
lars per year, and the thirty-one remaining ])rotectors 
shall each receive five hundred dollars per annum, pay- 
able monthly, and an allowance for expenses not exceed- 
ing four hundred and fifty dollars per year, and each of 
the said tliirty-one protectors shall receive one-half of all 
the fines and penalties collected in actions brought upon 
information furnished by him after all the expenses of 
recovering said fines and penalties shall be paid. 

§ 25. 0£B.ce of chief protector and forester. — The 
chief protector and forester shall have his office with the 
commissioner of fisheries, game and forest commission 
in the capitol at Albany. 



76 

§ 26. The duties of protectors. — The fisli and game 
protectors and foresters shall enforce all the fish and 
game laws of the State and the provisions supplementary 
thereto made by boards of supervisors for the additional 
jtrotection of fish and game, and all laws passed for the 
protection and preservation of the forest preserve, and 
all rules and regulations made by the commissioners of 
fisheries, game and forest for the care, custody and con- 
trol of the forest preserve and the Adirondack park, and 
shall have full power to execute all warrants and search 
\\arrants issued for the violation of the fisli and game 
laws and lixwa passed for the protection of the forest i^re- 
serve, and the care, custody and control of the Adirondack 
park, and to serve subpoenas issued for the examination, 
investigation or trial of all offenses against said law's. 

§ 27. Records and reports. — Each protector and for- 
ester shall keep a daily record of his official acts and at 
the close of each month make a summary of such record 
with such statements in detail as shall be necessary for 
the information of his chief, and report the same to the 
chief protector and forester. 

§ 28. Payment of salary and expenses. — Payment 
of salary and traveling expenses to protectors and for- 
esters shall only be made upon the certificate of the chief 
protector and forester that the protector and forester 
has made such report and properly performed his duties. 

§ 29. Reports by chief protector and forester 
to the board of commissioners. — The chief protector 
and forester shall repoit to the board of commissioners 
any negligence or dereliction of duty on the part of any 
of the protectors and foresters with the facts relating 
thereto, and he shall report monthly to said commission- 
ers the operation of his department during the preceding 
month, and shall make such further report as may be 
required by the board of commissioners. 

§ 30. Special protectors and foresters. — The board 
of commissioners may, in its discretion and at pleasure, 
appoint or remove a person recommended by any board 



77 

of supervisors as special protector and forest er, wlio sliall 
posse-s the same poAvers that aie conferred upiin th' S ate 
protectors and foresters; sncli special jtrotcctors and foi'- 
esters shall receive no compensation from the State. 
They shall make sinolar reports 1o those recpiired frcnn 
State protectors and foresters. 

§ 31. Powers of sheriffs, constables and deputy 
sheriflEs. — Peace officers shall have the same powers as 
are conferred u])on the p:ame protectors and foresters for 
the enforcement of the provisions of this chapter. 

§ 32. Nets to be destroyed by protectors and 
foresters. — It is the duty of every protector and forester 
to seize, remove and forthwith destroy any nvi, pound or 
other device for takinjii: f sh found in or upon any of the 
waters of this Stale where fishing- with nets or devices 
is prohibited or illegal, or upon the shores or islands of 
such waters, and such nets, pounds or other devices are 
declared to be a public nuisance and may be abated and 
summarily destroyed by any game protector and forester 
and no action for daumges shall lie or be maintained 
against any person for such seizure or destruction. 

§ 33. Expense of seizure of nets. — The reasonable 
expense of any seizure, removal or destruction of such 
nets, pounds or other devices shall be a county charge 
against the county in which the same shall be seized and 
shall be audited and paid as other county charges are 
paid on the certificate of such protector and forester, 
stating the time and place of such seizure and destruc- 
tion, the names of the persons employed therein, the time 
spent thereabout and the money advanced, if any, and to 
whom, and shall be verified by the oath of such i>rotector 
and forester making such seizure and destruction. 

§ 3. Chapter four hundred and eighty-eight of the laws 
of eighteen hundred and ninety-tw'O, constituting chapter 
thirty-one of the general laws, and known as the game 
law-, is amended by inserting therein after article eleven 
the following new articles, to be numbered articles twelve 
and thirteen. 



78 

AUTICLE XII. 

Forest Preserve. 

Section 270. Forest preserve. 

271. Powers and duties. 

272. Accoimts and annual Veport of board of 

fisheries, game and forest relative to the 
forest preserve. 

273. Partition of lands. 

274. Taxation of forest preserve. 

275. Duties of railroad companies. 

276. Powers and duties of certain ofticers in case 

of fire. 

277. Supei-A-isors to be town protectors of land. 

278. t:^uj>ervisors ex officio, fire wardens. 
270. Supervisors to re]Jort fires. 

280. Actions for trespass upon forest preserve. 

281. Penalty for setting fire to forest lands. 

282. Arrest of offenders without warrant. 

283. Deer parks in the Catskill region. 

§ 270. Forest preserve. — The forest preserve shall in- 
clude the lands owned or hereafter acquired by the State 
within the counties of Clinton, except the towns of Altona 
and Dannemora, Delaware, Essex, Franklin, Fulton, Ham- 
ilton, Herkimer, Lewis, Oneida, Saratoga, Saint LaAvrence, 
Warren, AWashington, Greene, Ulster and Sullivan, except 

1. Lands within the limits of any village or city and 

2. ].ands, not wild lands, acquired by the State on fore- 
closure of mortgage made to the commissioners for loan- 
ing certain moneys of the United States, usually called 
the United States deposit fund. 

^^ 271. Powers and duties.— The board of fisheries, 
game and forest, shall: 

1. Have the care, custody, control and superintendence 
of the forest preserve. 



79 

2. Maintain and protect the forests in the forest pre- 
serve, and promote as far as practicable the further 
growth of the forest therein. 

r.. Have charge of the public interests of the State 
with regard to forestry arid tree i)lanting, and especially 
with reference to foiest lires in e\'ery part of the State. 

4. Possess all tlu^ powers relating to forest i)reserve 
M'liich w.ere vested in the conmiissioners of the land 
office, and in the coniptrollei- on May fifteen, eighteen 
hundred and eighty-flv(\ 

5. Prescribe rules and regulations affecting the whole 
(w any j)art of the forest preserve and for its use, care 
and administration and altei oi' amend the same; but 
neither such rules or regulations nor anything contained 
in rhis article shall prevent or oi)erate to i)revent the free 
use of any road, stream or water as the same may have 
been heretofoie used, or as may be reasonably required in 
the prosecution of any lawful business. 

(:. Take such uieasures as in the judgment of the com- 
missioners may be proper, and the State superintendent 
of public instruction and the regents of the university 
may approve, for awakening an interest in behalf of 
forestry in the common schools, academies and colleges of 
the State and of imparting elementary instruction on 
such, subject therein; and prepare and distribute the 
tracts and circulars of infornmtion, giving plain and con- 
cise instruction for the care of private wood lands and 
for the growth of new forests upon lands that have been 
denuded, exJiausted l)y cultivation, eroded by torrents, 
or injured by tire, or that are sandy, marshy, broken, 
sterile, or waste and unfit for other use. These public. i- 
tions shall be furnished without cost to any citizen of the 
State on application, and proper measures may be taken 
for bringing them to the notice of persons who woidd be 
benefited thereby. 

7. Cause rules for the prevention and suppression of 
forest fires to be printed for posting in schoolhouses, inns, 



80 

■saw-mills and otlier wood- working establishments, lum- 
ber camps and other places in such portions of the State 
as they may deem necessary. Forest inspectors, forest- 
fM's, firewardens, supervisors and school trustees shall 
cause these rules when received by them, to be properly 
posted and replaced when lost or destroyed. Any ptn'- 
son maliciously or wantonly defacing or destroying any 
su(h notice shall forfeit to the people of the State, the 
sum of five dollars for every such oU'ense. 

^ 272. Accounts and annual report of the 
board of fisheries, game and forests, relative to 
the forest preserve. — All income from State forest 
lands, including receipts for trespasses, shall be paid over 
by the board of fisheries, game and forest to the State 
treasurer, by Avhom it shall be placed to the credit of the 
special fund etstablished for the purchase of lands within 
the Adirondack park, and a strict account shall be kei>t 
of all receipts and expenses of the commission, which 
aci-onnt shall be audited by the comptroller. The com- 
laission shall, annually, in the month of January, make a 
Avritten report to the legislature of their receipts and ex- 
IK'Uses, and of all their proceedings, with such recommen- 
dations of further legislative or official action as they 
may deem proper. 

^ 273. Partition of lands. — Whenever the State owns 
an undivided interest with any person in lands of the 
foi'est preserve or holds and is in possession of such lands 
as joint tenant or tenant in common with any person 
who has a freehold estate therein, the attorney-general 
shall on the re(]uest of the board of flslKuies, game and 
forest, bring an action in the name of the people of the 
State, for the actual partition of such land; and on the 
written consent of the board such person may maintain 
an action for tJie actual partition of such laud in the 
same manner as if the State were not entitled to exemp- 
tion from legal proceedings, and service of process in 
such action upon the attorney-general shall be deemed 



81 

service ujx)d the State. Such actions, the proceedhi,i»s 
and judgment therein and the proceedings under the 
judgment shall be according to the x)ractice at the time 
prevailing in actions of jiartition, and shall have the 
same force and effect as in other actions, except that no 
costs against the State shall be allowed in such actions 
and no sale of such lands shall be adjudged therein. The 
board of fisheries, game and forest may without action, 
but with the consent of tln^ comptroller, agree with any 
person or persons owning lands within the forest pre- 
serve jointly or as tenants in common, with the State for 
the partition of such lands, and on such agreement an 1 
consent, the comptroller shall make on behalf of the 
people of the State, any conveyance necessary or ]>roper 
in such jmrtition, and such conveyance shall be forthwith 
recorded as now provided by law as to conveyances made 
hy the commissioners of the land ohice. 

§ 274. Taxation of forest preserve. — All wild or 
forest land within the forest i^reserve shall be assessed 
and taxed at a like valuation and rate as similar lands 
of individuals within the counties where situated. On 
or before August first in every year, the assessors of tlie 
town within which the lands so belonging to the Slate 
are situated shall file in the otfice of the comptroller and 
of the board of fisheries, game and forest, a copy of tin? 
assessment-roll of the town which in addition to the 
other matter now required by law shall state and specify 
which and how much, if any, of the lands assessed are 
forest lands, and which and how much, if any, are lands 
belonging to the State; such statements and specifications 
to be verified by the oaths of a majority of the assessors. 
The comptroller' shall thereupon and before the first day 
of Septennber following, and after hearing the assessors 
and board of fisheries, game and forest, if they or any of 
them so desire, correct or reduce any assessment of State 
land which may be in his judgment an unfair proportion 
11 



82 

to the remaining assessment of laud within the town, and 
shall in other respects approve the assessment and com- 
mnnicate such approval to the assessors. No such assess- 
ment of State lands shall be valid for any purpose until 
the amount of assessment is approved by the comptroller, 
and such approval attached to and deposited with the 
assessment-roll of the town and therewith delivered by 
the assessors of the town to the supervisor thereof or 
other otficer authorized to receive the same from the 
assessors. No tax for the erection of a schoolhouse or 
opening a road shall be imposed on the State lands unless 
such erection or opening shall have been first approved 
in writing by the board of fisheries, game and forest. 
Payment of the lawful and just amount of the taxes im- 
posed under this section on lands so belonging to the 
State shall, in every year, be made by the treasurer of 
the State, on the certificate of the comptroller, by allow- 
ing to the treasurer of the cOiinty in which such lands are 
situated a credit of the amount of such taxes due on such 
lands payable by such county treasurei* in such year to 
the State for State taxes; but no fees shall be allowed by 
the comptroller to the county treasurers in adjusting their 
accounts for such portion of the State tax so paid. 

§ 275. Duties of railroad companies. — Every rail- 
road company whose road passes through waste or forest 
lands or lands liable to be overrun by fires within the 
State, shall twice in each year cut and remove from its 
right of way all grass, brush or other inflammable mate- 
rials, but under proper care and at proper times when 
fire, if set, can be kept under control. All locomotives 
which run through forest lands shall be provided with 
approved and sufficient arrangements for preventing the 
escai)e of fires from their furnaces or ashpans, and with 
netting of steel or iron wire upon their smoke stacks to 
prevent the escape of sparks or fire, and every engineer 
and fireman employed upon a locomotive shall see that 
the appliances to prexent the escape of fire are in use 



83 

and .applied as far as it can bo reasonably and practically 
done. No railroad company shall permit its employes to 
deposit fire coals or ashes upon their track in th,e immedi- 
ate vicinity of woodlands, or lands liable to be overrun 
by fires, and where any engineers, conductors or trainmen 
discover that fences or other material or substances along 
the right of way upon woodlands adjacent to the railroad 
are burning, or in danger from fire, they shall report the 
same at their next stopping place, and the person in 
charge of such, station shall take prompt measures to ex- 
tinguish such fires, and shall immediately notify the 
nearest fire warden or fish and game protector and for- 
ester. In seasons of drought and especially during the 
first dry time in the spring after the snows have gone, 
and Itefore vegetation has revived, railroad companies 
shall employ a sufiicient number of trackmen for the 
prompt extinguishment of fires; and where a forest fire 
is raging near the line of their road they shall concen- 
trate such help and adopt such measures as shall most 
eftectually arrest its progress. If any railroad company 
or any of its employes violate any provision of this sec- 
tion the company shall forfeit to the people of the State 
the sum of one hundred dollars for every such violation. 

§ 27G. Powers and duties of certain oflacers in 
case of fire.— The board of fisheries, game and forest, 
fish and game protectors and foresters, and other per- 
sons employed by or under the authority of the board of 
fisheris,* game and forest, and who may be authorized by 
the board to assume such duty, shall in a town within or 
a part of the forest preserve, whenever the woods in any 
sncli town shall be on fire, perform the duty imposed on 
them, and in such case shall have the powers granted to 
justices of the peace, the supervisors and commissioners 
of highways with reference to the ordering of persons to 
assist in extinguishing fires or stopping their progress. 
The fire warden, or the supervisor, where acting in gen- 

* So in the original. 



84 

eral charge, may cause fences to be destroyed or furrows 
to be ploughed, to check the running of fire, or in case 
of great danger, back fires may be set along a road or 
stream or other line of defense, to clear off the combus- 
tible material before an advancing fire. No action for 
trespass shall be brought by any owner of land for entry 
nmde upon his premises by persons going to assist in 
extinguishing a forest fire although such fire may not be 
ujjon his land. The compensation for services of persons 
wlio may assist in extinguishing forest fires shall be a 
State charge and shall not exceed the sum of two dollars 
per day for each person employed; such compensation 
shall be paid by the State treasurer on the warrant of the 
comptroller, on certificates approved by the fire Avardeu 
of the town in which the fire occurred, and by the board 
of fisheries, game and forest. 

§ 277. Supervisors to be tO"wn protectors of 
lands — The supervisor of every town in the State not 
within or a part of the forest preserve in which wild or 
forest lands belonging to the State are located shall be, 
by virtue of his office, the protector of such lands, subject 
to the instructions he may receive from the board of 
fisheries, game and forest. He shall report to the district 
attorney for prosecution any acts of spoliation or injury 
that may be done, and such district attorney shall insti- 
tute proceedings for the prevention of further trespass 
and for the recovery of all damages committed, with costs 
of prosecution. The supervisors shall report their pro- 
ceedings therein to the board of fisheries, game and forest. 
In towns where the board deems it necessary, it may 
serve a notice upon the supervisor, requiring him to ap- 
point one or more forest guards, and if more than one in 
a town, the district of each shall be properly defined. 
The guards so appointed shall have such powers, perform 
such duties and receive such pay a:s the board of fisheries, 
game and forest may determine. 



85 

§ 278. Supervisors ex-oflB.cio fire wardens --Every 
supervisor of a town in this t^late, in which thoro arc no 
wild or forest lands of the forest preserve, and in which 
no fire warden is appointed by the board of tishei-ies, 
game and forest, shall be ex-oflficio fire wardcm therein, 
but the supervisor may divide towns particularly exposed 
to damaj^es from forest tires iuto two or more districts, 
bounded as fai' as may be by roads, streams of water or 
dividinji' ridges of land or lot lines, and appoint in writ- 
ing one resident citizen in each district as district tii'e 
warden therein. A description of these districts and the 
names of the distiict fire wardens thus appointed shall 
be recorded in the office of the town clerk. The su}>er- 
visor may also cause a mai) of the fire districts of his 
town to be posted in some public place with the nanu'S 
of the district fire wardens appointed. The cost of such 
mai), not exceeding five dollars, shall be a town charge 
and the services of the fire warden shall also be deemed 
a town charge and shall not exceed the sum of two dol- 
lars per day for the time actually employed. Within a 
town in which there are wild or forest lands of the forest 
preserve, and in such other towns in the counties men- 
tioned in section two hundred and seventy of this chapter 
as the board of fisheries, game and forest may designate, 
such persons shall l>e fire wardens as may, from time to 
time, be appointed by the board of fisheries, game and 
forest, and shall act during the pleasure of such board, 
and all the provisions of this article with reference to 
supervisors and district town wardens shall be applicable 
to them, (xcept that any exjtcnse incurred by such tire 
wardens shall be a State charge. On the discovery of a 
forest fire or a fire in any woods, the fire warden of the 
district, town or county in whicli it shall be, shall take 
such measures as shall be necessaiy for its extinction, 
and for this jmrpose he may call on any person in the 
territorv in which he acts oi- in its vicinitv for assistance. 



86 

find any person refusing to act when so called on, shall 
forfeit to the people of the State the sum of ten dollars. 
Any justice of the peace or commissioner of highways of 
the town in which any such fire shall be, shall act as fire 
warden with respect to any such fire, if the fire wardens 
of the district, town or county are not taking such meas- 
ures for its extinguishment. 

§ 279. Supervisors to report fires. — The fire war- 
den of every town in wliich a forest fire of more than one 
acre in extent has o(*cnrred within a year, shall report to 
the board of fisheries, game and forest, the extent of area 
burned over, to the best of his information, together with 
the ]»robable amount of property destroyed, specifying 
the \alue of timber, as near as may be, and amount of 
coi'd-wood, logs, barh, or other forest product, and of 
fences, bridges and buildings that have been burned. He 
>liall make in(piirit'S and rejrort as to the causes of such 
fires, if ascertainable, and as to the measures employed 
and found most effectual in checking their progress. A 
consolidated sununary of tliese returns by counties and of 
the information as to the same matter otherwise gathered 
by the board of fisheries, game and forest shall be in- 
cluded in their annual report, 

§ 280. Actions for trespasses upon forest pre- 
serve. — The board of fisheries, game and forest may 
bring in the name of the people of the State any action 
to prevent trespass upon or injury to the forest preserve 
and recover damages therefor or to recover lands properly 
fonning part of the forest preserve but occupied or held 
by persons not entitled thereto, or for the maintenance 
and ju-otection of the forest preserve, which any owner 
of lauds would be entitled to bring; or for cutting or 
carrying away, or causing to be cut or assisting to cut, 
any tree or timber within the forest preserve or any 
bark thereupon, or removing any tree, timber or bark, 
or any portion thereof from such forest preserve. Rv^ery 



87 

person violating the pl'o^'isions of this section, I'ehitin.ij 
to the cuttino- or carrvinii: aw.iy any timber, trees or bark, 
shall forfeit to the State the sum of tAventy-livc dollars 
for every tree cut or carried away l)y him or under his 
direction. The board of fisheries, tiamc and forest may, 
with the cons(^nt of the attoiney-<;ener;il and comjiholler, 
em])l(>y attorneys and <ounsel to jaosecute any such 
action or to defend any action br(>n<'ht against the board 
or any of its members or subordinates arising out of 
their or his ofticial conduct with relation to Ihe forest 
preserve. ^Vuy attorney or counsel so employed shall act 
under the direction of and in the mune of the attorney- 
general. Where such attoiney or counsel is not so em- 
ployed, the attorney-general shall prosecute and defend 
such actions. A preliminary or final injunction shall, on 
application in an action brought by or at the instance of 
the board of fisheries, ganu' and forest, be granted re- 
straining any act of trespass, waste or destruction upon 
the forest }n'eserv(\ All such actions for the prosecution 
shall be brought in the county where the trespass is 
alleged to have been committed. 

§ 281. Penalty for setting fire to forest lands. 
— Any person who shall willfully or negligently set fire 
to, or assist anothei- to set fire to any waste or forest 
1 nds belonging to the State or to another pe.sm, wh-reby 
such forests are injured or (^ndangei-(^d; or who suffers 
any fire upon his own lands to escape or extend beyond 
the limits thereof to the injury of tlu^ wood lands of 
another or of the State, shall forfeit to the State for 
every such offense not less than fifty noi- nn)re than five 
hundred dollars, ami be liable to the perscui injui'ed for 
all damages that may be caused by such fires. 

§ 282. Arrest of offenders without warrant. — The 
fish and game protectors and foresters, and other persons 
acting upon the forest preserve under the w^ritten em- 
ployment of the board of fisheries, game and forest, may, 



88 

without warrant, arrest any person found upon the forest 
preserve violating any of the provisions of tliis article 
and forthwith take the person so arrested before a magis- 
trate having jurisdiction to issue warrants in such cases, 
and there make or procuie to be made a complaint in writ- 
ing, on which complaint the magistrate shall act as the 
case may require. 

§ 283. Deer parks in the Catskill region. — The 
board of fisheries, game and forests shall set apart tracts 
of land (not ex:ceeding- three) of such size as they may 
deem proper, belonging to the State and including such 
adjoining lands as may be deemed necessary, in the (Jats- 
kill region, now constituting that part of the forest pre- 
serve situated in the counties of Delaware, Greene, Sulli- 
van and Ulster, for the purpose of bi-eeding deer and 
wild game. The board of fisheries, game and forest shall 
purchase and turn out upon such lands such deer or other 
game as they may think proper and establish all proper 
lules for the protection of such land and the game there- 
upon. No game shall be killed, pursued, oi- trapped or in 
way destroyed within the limits of such land so set 
apart for the period of five years from the time that such 
land shall be so set apart. The board may receive pri- 
vate subscriptions of money and expend the same for the 
purposes specified in this section, and nuiy, from time to 
time, enlarge the area of any such }Kirk by purchasing 
other lauds adjacent thereto, so as to include as large 
an acreage of State lands as practicable within the 
bounds of each park. The proceeds of the lands sold prior 
to January fiist, eighteen hundred and ninety-five, shall 
be used for no other purpose than the purchase of addi- 
tional lands for such parks, and the board may execute 
and receive and accept, in the name of the State, all con- 
tracts and conveyances necessary to carry into effect the 
provisions of this section. 



89 



AUTICLE Xin. 
Adirondack Pake. 
Section 200. Adirondack park, 

201. Powers and duties of forest commission. 

292. Contracts. 

293. I'roceeds of landjs sold and payments for 

lands purchased. 

294. Kevenues from leases made prior to Janu- 

ary first, eighteen hundred and ninety- 
five. 

295. Annual reiwrt. 

fj 290. Adirondack park. — All lands now owned 
or hereafter acquired by the Stale within the county of 
Hamilton; the towns of Newcomb, Minerva, Schroon, 
North Hudson, Keene, North Elba, Saint Ai-maud and 
Wilniinghon, in the county of Essex; the towns of Har- 
rietstown, Santa Clara, Altamont, Waverly and P»rigliton, 
in the county of Franklin; the town of Wilmurt, in the 
county of Herkimer; the towns of Hopkinton, Coll on, 
Clifton and Fine, in the county of Saint Lawrence, and 
the towns of Johnsburgh, Stony Creek, and Tliurnum, and 
the islands in Lake (jreorge. in the county of Warren; ex- 
cept such lands as may be sold as provid(^d in this article, 
shall constitute the Adirondack park. Sueh park shall 
be forever reserved, maintained and cared for as ground 
open for the free use of all the people for their health 
and pleasure and as forest lands, necessary to* the preser- 
vation of the headwaters of the chief rivers of the State, 
and a future timbei' supply; and shall remain part of the 
forest preserve. 

§ 291. Powers and duties of forest commis- 
sion.— Tke board of fisheries, game and forest shall have 
tke care, custody, control and superintendence of the 
Adirondack park, and within the same and with refer- 
ence thereto and to acts committed therein and to persons 
committing the same, all the control, powers, duties, rights. 
12 



90 

of action and remedies belonging to such board or tlie 
•commissioners of tlie land oftice within and with refer- 
ence to the forest preserve as to acts committed therein 
and persons committing the same. The board of fisheries, 
game and forest shall have power: 

1. To contract as herein provided for the purchase of 
land situated within the bounds of the park as defined in 
the preceding section; if any such lands cau not be pur- 
chased on advantageous terms unless subject" to leases or 
restrictions or the right to remove soft wood timber, the 
contract may provide accordingly, but not for any such 
right, lease or restriction after ten years from the d'ate 
of the contract, nor for the right to remove 'any such. 
trees with a diameter of less than, twelve inches at the 

height of three feet from the ground. 

2. To contract with owners of land situated within the 
bounds of the park that such lands may become part of 
the park and subject to the provisions of this article, 
in consideration of the exemption of such lands from taxa- 
tion for State and county purposes, which contract shall 
contain a provision that the owners of such land and 
their grantees shall refrain forever from removing any 
of the timber 1 hereupon except spruce, tamarack or pop- 
lar timber twelve inches in diameter, at a height of three 
feet above the ground, or fallen, burned or blighted tim- 
ber, and such other and further conditions as to the right 
of occupancy of such lands by such owners or thjeir 
grantees as may be equitable. Such contract may also 
reserve to the owners of such forest lands and their 
grantees the privilege of clearing portions of such lands 
for agricultural or domestic purposes under regulations 
to be prescribed by the forest commissioners, but no such 
privilege shall give to the owners or grantees of said 
lands, the right to clear more than one acre within the 
boundary of each one hundred acres covered by said con- 
tract. 

3. To prescribe and enforce ordinances and regulations 
for the government and care of the park and for the 



91 

licensinfj^ or reg^ulation of guides or otlicr persons engaged! 
in business therein. 

4. To laj out paths and roads in the park. 

§ 202. Contracts. — A contract mentioned in this ar- 
ticle shall not take effect until approved by the commis- 
sioners of the land office; a certificate of which ajtproval, 
certified by the clerk of said commissioners, shall be at- 
tached to the copy of the resolution of the board of fish- 
eries, game and forest authorizing such contract. Every- 
conveyance mentioned in this article shall be c(M-titied liy 
the attorney-general to be in conformity with the con- 
tract, and a])pr'>ved by him as to form before tlie acce]>t- 
ance or delivery thereof, and shall be made to the people 
of the State, I'ecoided in the jtroper county, and after 
record delivered to tln^ conmiissioners of the land office 
as a part of their archives. 

§ 293. Proceeds of lands sold and payment for 
lands purchased. — The proceeds of lands sold prior to 
January first, eighteen hundred and ninety-five, and paid 
to the State treasurer shall be held liy him as a separate 
fund and special deposit at all times available foi' the 
purchase of other lands under this article. I^ayments for 
such purchases and lor expenses necessarily incurred by 
the board in the j)reliminary examinations of lands pur- 
chased under authority of this article, or in the examina- 
tion of titles of lands so purchased, or otherwise neces- 
sarily incidental to such purchases, may be made from 
Siich fund or fiom any moneys ai)propiiat(Ml therefor on 
the certificate of the conmiissioil and audit of the com]>- 
t roller. 

§ 294. Revenues from leases made prior to Janu- 
ary first, eighteen hundred and ninety-five. — 
All revenues received from leases of State lands made 
prior to January first, eighteen hundred and ninety-five, 
shall be paid into the State treasury, and shall be placed 
to the credit of the special fund established for the pur- 
chase of lands within the Adirondack park. 



92 

§ 2!)5. Annual report. — Tbe board of lislieiies, game 
jiud forest shall include in its annual report an aeeouiU 
of its i)roceedings with reference to the park, including 
ii statement of the number of acres of land purchased 
during the year, the locality thereof, the price paid, the 
revenue fiom leases made prior to January first, eighteen 
hundred and ninety-five, and all other information of im- 
portance connected with such transactions; and shall 
state the amount of money recpiired in the next fiscal 
year fur the pui-clume of lands and expenses of the park, 
and nuike such recommendations with reference thereto 
as it deems wise. 

§ 4. Article twelve of the game law, being chaxJter 
four hundred and eighty-eight of the laws of eighteen 
hundred and ninety-two, is hereby nmde article fourteen, 
and sections two hundred and seventy and two hundred 
and seventy-nine, inclusive, are hereby renumbered three 
hundred to three hundred and nine, respectively. 

§ 5. Chapter three hundred and thirty-two of the laws 
of eighteen hundred and ninety-three, chapters fcmr hun- 
di-ed and thirty nine and six hundreti' and sixty-live of 
the laws of eighteen hundred and ninety-four are hereby 
repealed. 

§ (). The schedule of articles at the beginning of the 
agricultural law, chapter three hundred and thirty-eight 
of the laws of eighteen hundred and ninety-three, is 
hereby amended to read as follows: 

CHAPTEE XXXIII OF THE GENERAL LAWS. 

The Agkiclltueal Law. 
Article 1. General provisions. (§§ 1-12.) 

2. Dairy products. (§§ 20-37.) 

3. Adulterated vinegar. (§§ 50-53.) 

4. Diseases of domestic animals. (§§ 67-71.) 

5. Miscellaneous provisions. (§§ 80-90.) 
0. Laws repealed. (§§ 100-101.) 

§ 7. The agricultural law is further amended by adding 
at the end thereof the following new article: 



ARTKXE YL 
Laws Repealed. 
Section 100. Laws repealed. 

101. When to take effect. 

Schedule of laws repealed. 

^ 100. Laws repealed. — Of the laws eimnicratiHl in 
llie schedule hereta annexed, that portion speciticd in the 
last column is reiiealcd. 

§ 101. When to take effect.— This chapter shall take 
■elfect immediately. 

Schedule of La.ws Repealed. 
Revised Statutes, Part L chapter 17, title 3, §§ 1-4. 

LAWS OF Chapter Sections 

1841 IGO All except ^§ 3 

and (». 

1844 330 All. 

1848 290 All except §>? 3 

and (). 

1869 167 All. 

1878 134 All. 

1879 306 All. 

1880 592 All. 

1881 300 All. 

1882 215 All. 

1882 246 All. 

1882 238 All. 

1883 13 All. 

1884 202 All. 

1884 4LS All. 

1884 474 All. 

1885 183 All, except § 

26. 

1885 283 All. 



94 



LAWS OF 


Chapter 


Sections 


1885 


127 


. . . . All. 


1885 


458 


. . . . All. 


1886 


280 


. . . . All. 


1886 .. 


577 


. . . . All, except 
that part of 
§ 6 desig- 
nated as § 
24. 


1887 


155 


All. 


1887 


223 


. . . . All. 


1887 


403 


.... All. 


1887 


430 


.... All. 


1887 


475 


All. 


1887 


562 


All. 


1887 


583 


All. 


1888 


286 


. . . . All. 


1888 


298 


.... All. 


1888 


520 


.... All. 


1888 


550 


.... All. 


1889 


24 


.... All. 


1889 


148 


.... All. 


1889 


515 


.... All. 


1889 


538 


.... Ml 


1890 


8 


.... All. 


1891 


140 


.... All. 


1891 


354 


.... 1. 2. 


1892 


501 


.... All. 


1892 


707 


.... All 



§ 8. This act shall take effect immediately. 



INDEX. 



A. PAGE. 

Actions by persons or societies ... 45 

how entitled 44 

where brouglit, from, etc 45 

Adirondacks, certain fish not to be placed in 21 

Amendments to the game law . 52 

Antelope, provisions covering 6 

Arrest of offenders, how and by whom made 48 

Assembly, clerk of, to print and distribut(> copies of this act 54 

Authority of commissioners to direct fish ways 51 

to bring actions 44 

B. 

Bait, minnows for 26 

Bass, length of, taken 18 

salt water striped 20 

Birds, authority to collect 13 

Black bass, close season 18, 32 

Bounty, certificate for 

claim for, how proven 7 

county treasurer, when to pay 7 

C. 

Caribou, provisions covering 6 

Certificates, time for which shall be in force 14 

Commissioners, exceptions 29 

to be notified of (;onstruction of dam .... 50 

to recover for construction and penalty 51 

Construction of this act 54 

D. 

Deer, close season 4 

killing, prohibited 33 

transportation when killed in this State 5 

or venison, when not to be possessed 4 

yarding of, forbidden 6 

Definitions...,,,. ,. ..... .- 52 



96 

PAGE. 

Devices and explosives prohibited 15 

Discontinuance '*5 

Dogs, when may be killed 5 

Dredging regulated, for shell-fish 38 

E. 

Eel-weirs 26 

Expenses of actions by people 47 

F. 

Fawns, not to be killed 4 

Fish or game so protected not to be interfered with 43 

Fish, may be caught 25 

taking, by drawing off water, forbidden 15 

taking shad or herring in the Hudson and Delaware rivers, 

prohibited .... 23 

Fishing lij' certain devices prohibited in the St. Lawrence and 

Niagara rivers and Lake Champ' ain 22 

in Lake Ontario, Lake Erie and Cattaraugus creek pro- 
hibited 22 

through the ice forbidden 16 

with nets 28 

Fishways, fishing near, prohibited 20 

Frostfish and whitefish netting 27 

G. 

Game birds, netting or trai)i)ing, forbidden 12 

Garbage not to be thrown in Long Island Sound 36 

H. 

Hares and rabbits 33 

Harlem river, close season for oysters in 37 

Hounding, when forbidden 5 



Jamaica bay, fishing not allowed except by angling 33 

Judgments in actions for penalties, how collected 46 

Jurisdiction of courts of special sessions, etc 48 

K. 

Kings county, article to apply 30 



97 
L. 

PAOK. 

Land-locked salmon, close season 17 

Laws repealed and saving clause 54 

Leases for cultivation of shell-fish 40 

Limitation of preceding section 40 

Long Island sound, article to apply 30 

Lobsters, size that may be sold 38 

Licenses, nets 28 

M. 

Meadow hens and other birds, close season 34 

Meadow larks, close season 12 

Meshes, regulation of 27 

Mongolian ring-neck pheasant, penalty for killing 13 

Moose, provisions covering 

Muskallonge, close season 19 

N. 

Nests, destroying or robbing 12, 34 

Nets, meshes of, used in Lakes Erie and Ontario and Cattaraugus 

creek 23 

prohibited in Harlem river 24 

regulations in Richmond county and New York 24 

to be licensed 28 

Notice to be posted in private park 42 

to be posted on private grounds 42 

when territory is fenced 43 

o. 

Ordinances and regulations of boards of supervisors repealed ... 53 

Oswego bass, close season 18 

Owner to comply with directions of commissioners 51 

Oyster beds, not to be interfered with 37 

Oysters, how sold in shell, measures, etc 38 

in the Hudson river not to be transplanted 37 

in Staten Island, taking of 39 

State protector of 35 

P. 

Parks, laying out private 42 

Penalties, two or more in one action 45 

Pickerel, close season 18 

Pike or wall-eyed pike, close season 18 

Plover and other birds, close season 11, 31 

13 



98 



Polluting waters ^6 

Proceeds, how disposed of, by individuals 47 

how disposed of, by the people 46 

Protector, assistant to 36 

to receive half the recovery 47 

Punishment for violations 48 

Q. 

Quail, close season 9 

when not to be possessed 9 

Queens county, article to apply ." 30 

R. 

Rabbits, hares and 33 

Report of commissioners to Legislature 47 

Robbins and Gardiners Island 32 

S. 

Salaries, how paid 86 

Salary of protector, how paid 36 

Salmon, close season 19 

in the Hudson 24 

length of 19 

trout, close season . . . , 17 

and land-locked salmon, close season 32 

Shell- fish, non-residents not to gather 37 

Signboards, near fish ways ... 19 

not to be defaced 43 

South bay, taking oysters in 39 

Squirrels, close season 33 

when to be hunted 6 

St. Lawrence county, exceptions 25 

Streams , polluting 15 

Suffolk county, article to apply 30 

powers of supervisors 34 

Supervisors, powers of ... ... 53 

T. 

Thumping 29 

Transportation of fish, when forbidden 17 

Traps not to be made 5 

Trespassing on private grounds 42 

Trout, close season 16, 32 

length of 16 

not to be disturbed while spawning 17 



99 
W. 

PAGE. 

Warren county, oxceptions 25 

Warrants, search, when issued 49 

of arrest, how issued 48 

Waters not to be stocked from streams 16 

Web-footed wild fowl, how killed 9 

Witness not excused from testifying 49 

fees and disbursements in actions by people 45 

Wild birds, protected 11 

W^ild fowl, close season 8, 30 

exceptions as to 30 

Wolves and panthers, bounty for 7 

Woodcock and grouse, close season 10, 31 

when not to be possessed 10 

when not to be transported 11 



INDEX TO APPENDIX. 



A. 

Appendix A. 

PAGE. 

Laws relating to Suffolk county 59 

Appendix B. 

License and rules, form of 65 

Appendix C. 

Chapter 395 70 

Accounts and annual report to the board of fisheries, game and 

forests, relative to forest preserve 80 

Actions for trespass upon forest preserve 86 

Adirondack park 89 

Annual report 92 

Arrest of offenders without warrant 87 

B. 

Board to report annually to legislature 73 

Bond of fish and game [)roteetors ... 75 

c. 

Chief game and fish prptector and forester, oflice of 75 

how appointed 74 

Clerical force of commission 72 

Commissioners of fisheries, how appointed 71 

Compensation, commissioners to receive 72 

of protectors and foresters 75 

D. 

Deer parks in the Catskill region 88 

Duties of game and fish protectors 76 

of board of commissioners 72 

E. 

Expenses of seizure of nets, how paid 77 



101 
F. 

PAGE. 

Fish and game protectors and foresters, how appointed 74 

Fish culturist : 73 

Forest commission, powers and duties of 89 

Forest preserve 78 

taxation of . . . 81 

G. 

Game and fish protectors, powers and duties of 78 

L. 

Lands, partition of . . . 80 

Laws repealed 93 

N. 

Nets to be destroyed by protectors 77 

P. 

Penalty for setting fire to forest lands 87 

Powers and duties of certain officers in case of fire 83 

Proceeds of lands sold and payment for lands purchased 91 

R. 

Railroad companies, duties of , .... 82 

Records and reports 76 

Reports of chief protector 76 

Revenues from leiises made prior to January 1, 1895 91 

s. 

Salary of protectors, how paid . 76 

Sheriffs, powers of 77 

Special protectors to serve without comi)cnsation 76 

Supervisors to report fires 86 

cx-offlcio fire wardens . 85 

to be tow^n protectors of lands 84 

T. 

Terms of office of commissioners . . 71 

fish and game protectors and foresters 74* 

w. 

When to take effect 98 



?? 



I 

i 






-p 



0° /• ". 








o 

., '^^o 
'>^- '^v. 





,v 



^o-/: 



^, 



,v 



"oV^ 




^J^lte ^'^^^ 






i" 



.0' 



'^_ 












"oV" 



I' 



,-^ .^;=: 



' ■-/-,. 






^ 



I. - 



..^ 






WM: 



'b V" 



^c^; ^'■' 






^^^ ^^ 


V 


'^c 


rfi- ' ' 






^> 


V 




; '^<-. 







-^^ 






,-Jv 



'o V' 



-Jy' 






^. ..^ 



-^ 



-p 



^^.A^^ 









v->>. 



^ 



,<^ 



" >■* 










■,^^ -<■ 



o 



^ 









^ 




.V 



-p 



tz-0^ 



\7 •- ^ 



-^9. 



x» 









/ .'I^IM- ''%ks^'' 







^^-n^. 






■^\' 




> s • • , O O • 







(J,^ ^ o « o ^ ,* 



o 


^^o 


v-^ 




^^ 


'^4^ 



^. 



#- 







\ 



a"^^ .':;l°%^'^^-^ 









o 



ais^: 



^^...' ^k^'' " ^' 






-Jv^ . 



o V^ 



ov-,. '^e^il^: ^^ °1*S^° ^-^ '" 



,0- 



0^ , r '«. > V ^' '- ^ 




■-i^/-.-'^ 






^;- ^^ 



,40, 



.^ 






•i- 










<>. .^' 



4q. 



Xi 



.0 ■ %^ 






0' ''•°' 






,-JV 



'\ 






c 



0' 






.^^ 



. £-■ 



